nancylebov: blue moon (Default)
[personal profile] nancylebov
I went to a presentation of Busted at the local anarchist book store. The video covers some basics like not consenting to searches and not giving away information if you're a suspect. The presenter was a lawyer who answered questions and added local information. Unfortunately, I hit overload at some point, so I can't remember in what way New Jersey law and practice tend to be more intrusive that Philadelphia's, though at least PA isn't likely to countersue if you try to sue the police.

Anyway, I've seen advice in more than one place to use submissive body language when dealing with the police. The video implicitly recommended solid (a little on the assertive side of neutral, I'd say) body language. I asked the lawyer about it, and he said he didn't think submissive body language helped, and overdoing it could make the police suspicious.

Anyone know if there's evidence one way or the other?

Date: 2008-08-10 03:19 am (UTC)
From: [identity profile] bruhinb.livejournal.com
Police are individuals. There are no guarantees regarding which behaviors are best for all situations. I would say, just act natural, within the limits of your stress level at the time. Don't give away anything you don't think they have a legal right to ask from you, but don't be a jerk, either.

Date: 2008-08-10 03:43 am (UTC)
redbird: closeup of me drinking tea, in a friend's kitchen (Default)
From: [personal profile] redbird
That the police have a legal right to ask a question does not mean you are legally required to answer it, or that answering it is in your best interest (even, or especially, if you're innocent). Leading questions are legal. So is "you may as well confess, your friend already told us you did it" when your friend said no such thing and in fact hasn't talked to them at all. Or when your friend said that you and he were both someplace else at the time.

Date: 2008-08-10 01:12 pm (UTC)
From: [identity profile] nancylebov.livejournal.com
Absolutely, but it's good to have more specific knowledge than that--frex, if the police show up at your door, go outside to talk with them, locking your door behind you.

In general, locks are good. The police need an additional warrant to go into locked areas (trunk and containers) in your car.

As stated, I hit overload, but there are subtleties about your legal rights, and they vary by whether you're home, in a public place, in a commercial space, or at work.

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