Live data from Hacker News

What to do if you’re stopped by the police

cassandraxia.com

151–160 of 194 posts

Re: What to do if you’re stopped by the police

#151

Earlier quoted context omitted.

The Interview is a great movie about this, with Russell Crowe and Hugo Weaving.

I'm not sure I'm following this comment. The only movie I can find with both of those actors in it is Proof[1] from 1991, and it doesn't seem to be about anything to do with law enforcement/not speaking to police/right to silence. [1] https://www.imdb.com/title/tt0102721/

Ah, I was confused. It was Hugo Weaving and Tony Martin.

https://www.imdb.com/title/tt0120714/

Re: What to do if you’re stopped by the police

#152
post #136
post #134

Earlier quoted context omitted.

>Police have a tough job. They are on the lookout for any sign of danger. Make it clear that you are a sane, reasonable person. Keep your hands visible at all times. Avoid the element of surprise. > If you have any weapons or potentially dangerous items on you, keep your hands visible at all times and inform the officer. Inform the officer of your every move, if you need to reach for anything (your identification, yo…

I'm still unclear on what to do when a police officer has demonstrated intent to hurt or kill you, despite your cooperation.

Ya know that bahhhh sound that sheep make?

Re: What to do if you’re stopped by the police

#153
post #77

Earlier quoted context omitted.

Unfortunately, where I live (Japan), asserting your rights and refusing a search is seen as probable cause. "If you were innocent you would just consent to the search" is how the thinking goes.

How does that attitude interact with article 35 of the Japanese constitution, which prohibits search and seizure without a warrant with adequate cause?

I am not a lawyer so I can't really give much of an opinion on this aspect. My layman's reading of that party of the constitution seems to suggest that searching people like this would be unlawful, but perhaps it had been judged in the past that not consenting to a search is sufficiently suspicious.

The other common tactic I have seen is when the police want someone but cannot search or arrest then straightaway they physically surround them. 4+ police officers will stand around the person in such a way as to stop them from leaving without touching an officer. If the person pushes past the police they get arrested for assault. These stand offs can last for literally hours, in which case the police will rotate it in shifts.

I don't work in a legal profession , I just happen to live on a street with lots of bars, nightclubs and a particularly active police station.

Re: What to do if you’re stopped by the police

#154
post #93

Earlier quoted context omitted.

Never works. I was driving my friend’s car. I had a tire burst on me. I pulled over to the side of the road. Cops showed up in a few minutes and charged me with reckless driving. Made me take three different breathalyzers. I hadn’t been drinking so obviously it showed “well below the legal limit”. But my friend apparently had an empty beer can in the back. You can never say it wasn’t yours, apparently. In any case, p…

Is it illegal to have an empty beer can in your car? A couple of German exchange students once told me that you can drink in a car while the car is moving as long as the driver doesn't drink anything.

afaik even the driver may drink. But he is not allowed to be drunk (measured by some test).

Re: What to do if you’re stopped by the police

#155
post #123

Earlier quoted context omitted.

Is it illegal to have an empty beer can in your car? A couple of German exchange students once told me that you can drink in a car while the car is moving as long as the driver doesn't drink anything.

You have to understand, much of he law that pertains to using a motor vehicle in the US is a pretense to legitimize traffic stops, which are then used for some other purpose (mostly busting drivers for more serious crimes, or else extracting fines from out-of-towners/minorities).

What is the point of having traffic stops of this kind? For example, why can't you just have traffic checks as a normal activity? In some countries (Botswana is an interesting example) the police stop you on public holidays and give you flyers and tell you "drive safely".

Re: What to do if you’re stopped by the police

#156
My observation from past 10 years is that 10 years ago 1/2 cops were nice and 1/2 cops were harsh, but professional. These days 1/2 cops are nice and 1/2 cops seem to actively create troubles out of thin air. Each interaction with a mean cop was saved by what I'd call status illegibility: the cop wasn't sure whether I'm a rich connected trouble-maker or just look like one. Short conversations with some cops reminded me typical conversations with professional corporate sociopaths when you aren't sure whether the person you're talking to is a skillful sociopath who tries to get something on you or just a chatty dude. Long time ago, when I was young and naive, I got pulled over by a seemingly friendly cop who felt very chatty. I gave him way too much information because I didn't understand what was going on and gave a wrong answer to a request to search my car. What probably saved me that time was his next question about where I work. After my answer he promptly returned my DL and let me go.

Re: What to do if you’re stopped by the police

#157
post #117
post #77

Earlier quoted context omitted.

Unfortunately, where I live (Japan), asserting your rights and refusing a search is seen as probable cause. "If you were innocent you would just consent to the search" is how the thinking goes.

A very Asian mentality, this (I'm living in SE Asia). Conformity and obedience are strongly-held cultural values.

Although some people's imagination of Asia is different from geographic reality, I'll make it comprehensive by admitting that it's the same in India too. I'm sure it's the same in neighboring countries in the rest of Asia. Conformity and submission to authorities, with emphasis on (respecting) hierarchy is ingrained in people. Of course, the governments and authorities always like submissive people, and paint anyone with other views as a national threat (the latter is a global thing).

Re: What to do if you’re stopped by the police

#158
post #85
post #66

Title should be if you get stopped in the US by the police. The US until today is not the world. In my country have been stopped by police a lot. Most of the time they are civilized. Some cases they can come over as dicks but as long as you don't escalate the situation and stay friendly nothing will happen.

THIS. In any other country that is not the US, the advice given by the article is really bad advice.

What would be better advice for, say, most of EU?

Re: What to do if you’re stopped by the police

#159
post #5
post #4

TL;DR: * Act like a normal, sensible person. Don't try to provoke them, and don't give them any reason to escalate the encounter. * Don't allow police in your home without a warrant. * Affirmatively deny consent for searches. This includes your home, car, and personal belongings. * Assert your right to remain silent. Unless you're reporting a crime where you're the victim (and, sometimes, even then), you should only…

How much of that is it reasonable to do as an immigrant? Aren't police allowed too search all sorts of things with easy excuse? My refusal is a form of escalation especially since they can arrest me on whatever, then let me go, and that alone could jeopardize my immigration status (all those visa questionnaires starting with "have you ever been arrested").

Immigrants have most of the same constitutional rights as citizens in the US. I’m particular, the 4th and 5th amendments still apply.

Chances are that if they were going to arrest you after refusing to talk or allow them to search, they were going to arrest you anyway.

Re: What to do if you’re stopped by the police

#160

So on the hacker news front page today: Colleges are closing because they're to expensive What to do if you're stopped by police The Top 10 books include 1984 and Fahrenheit 451 all we need is something about medical insurance sending people broke and the ever present incarceration rate. You guys should really fix this (not an American), its not that hard.

  The Top 10 books include 1984 and Fahrenheit 451
No, the top ten books checked out in the history of the NYC Public Library include those two titles.

Fixing one's reading comprehension (or intellectual honesty) isn't that hard, either.

Post reply on HN