Friday, May 25, 2012

Yes, We Do Still Live in America

The best comment on this story is from one MacM:
If law enforcement agents show up on your property, here is what you do (I spent nine years total on staff of a federal LE agency and a county sheriff's dept):

1. Do not answer any questions at all; demand to see their LE credentials. You have the right to examine them closely. Do so.

2. Ask them if they have a warrant to be on your property. If they do, you have the right to examine it, but if it is a valid warrant, they do not have to wait while you do so. If they have a warrant shut up and do not hinder them from doing what the warrant authorizes.

3. If they do not have a warrant, tell them you are (a) not going to answer any questions and (b) do not give consent to search any part of your property. Every time they ask you anything else, just keep saying that. Do NOT say anything else.

4. Remember that the courts have ruled that consent to search or enter does not have to be verbally given. If a cop or detective asks whether he can come inside to speak with you and you open the door for him, you have just consented.

5. ALWAYS your answer to requests, no matter how harshly given, to enter your property or "mind if we look around?" is "Do you have a warrant and if so, please let me see it." But if they had a warrant, they would not be much asking.

6. If you have your cell phone with you, turn on the movie camera or sound recorder as soon as you can.

Importantly, do not freak out, do not become oppositional, always stay focused and always stand on your rights calmly and unemotionally. But stand on them.
Anything you say to law enforcement officers can be used against you. Anything you say which is later construed or misconstrued to have been a lie, rather than a mistake or a result of forgetfulness can be charged as a felony, and you can be convicted. So keep your mouth shut.

The story is here. I can't vouch for the truth, but if it is so, EPA has way too much time on their hands.

A lawyer once told me that if the Law wanted to know what my neighbor had been doing, it was probably OK to answer. If the Law was asking about what I had done, then the only proper response was to clam up: Do not explain, do not respond with anything except a demand that the questioning cease.

The Mr. Keller in the story could be charged for lying to EPA simply because when questioned, he forgot he had sent an email to EPA. That's all it takes in a country in which the Supreme Court has ruled that government officals can lie to people they are questioning, but it is a felony to lie to them.

Don't explain. Just shut up.

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