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Guerrilla Lawfare Know your rights 4 th Amendment search and seizure Guerrilla Lawfare

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Law Enforcement - encounter; detainment; arrest Know the difference.

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Page 1: Guerrilla Lawfare

Guerrilla Lawfare

Know your rights

4th Amendment search and seizure

Guerrilla Lawfare

Page 2: Guerrilla Lawfare

The right of the people to be secure in their

persons, houses, papers, and effects, against

unreasonable searches and seizures, shall not

be violated, and no Warrants shall issue, but

upon probable cause, supported by Oath or

affirmation, and particularly describing the affirmation, and particularly describing the

place to be searched, and the persons or things

to be seized.

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Law Enforcement contacts:

• Encounter

• Detainment

• Arrest

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Officers with probable cause, will arrest you!

They do NOT need to have an encounter with you.

They do NOT need to detain you.

The ONLY reason for an encounter or detainment The ONLY reason for an encounter or detainment is to OBTAIN probable cause for arrest.

The only LEGAL way for them to get the info they need to arrest you, is with consent from YOU.

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Encounter

The Officer may:

•Ask to talk.

•Ask for ID.

•Ask for explanation.•Ask for explanation.

There is NO requirement that you do ANY of

these things. Ask, “Am I being Detained? “

If the answer is NO say, “Thank you,” and leave.

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Encounter

What an officer may not do.

He may not STOP you.

He may not make demands.

He may not use force.

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Detainment

The Officer NEEDS reasonable suspicion to detain a

suspect.

The officer must suspect that:

• A crime was being committed,

• A crime was about to be committed,

• A crime had just been committed,

AND

The person being detained committed the crime.

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Signs of Detainment

• Red and blue lights behind you.

• You are commanded to do, or to not do

something, (i.e. produce a license) or as

simple as “Put out that cigarette.”

• Frisk / Pat down search.

• Handcuffs.

•When asked, Officer says you are being detained.

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Handling Detainment

ASK: “Am I being detained”?

If answered yes,

Ask: “What crime am I suspected of committing?”

If answered with straight answer, such as Burglary, failure

to stop, theft, etc…. to stop, theft, etc….

DO NOT CONSENT, EXCERCISE 5th AMENDMENT.

If LEO eludes that he is just investigating, ask: “investigating

what crime?”

“Am I being detained?” Or: “Am I free to go?”

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Any thing you say, can and will be held against you !

Exceptions are:

“I DO NOT CONSENT ! !”

You can, however, ask questions.

“Am I being detained?”

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“Am I being detained?”

“Am I free to go?”

“What crime am I suspected of committing?”

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I have a license to drive it, and you need a warrant to search it !

Do not consent!

Verbally and persistently resist any attempts to

search your vehicle or person.

Do not remove clothing or equipment Ask for a

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Do not remove clothing or equipment Ask for a

warrant that specifies what they are looking for

and where they will find it. Ask to have your

attorney present.

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Officer Says:

“Tell me where you’re

going.”

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Is this

Encounter? Or Detainment?

Page 13: Guerrilla Lawfare

Officer Says:

“Sir. I need a word with

you!”

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you!”

Is this

Encounter? Or Detainment?

Page 14: Guerrilla Lawfare

Officer Says:

“Take your hands out of

your pockets.”

Guerrilla Lawfare

Is this

Encounter? Or Detainment?

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Officer Says:

“How are you supposed to

act when you’re talking to

an officer?”

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an officer?”

Is this

Encounter? Or Detainment?

Page 16: Guerrilla Lawfare

Officer Says:

“I need to see some ID to

make sure you’re not a

criminal.”

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criminal.”

Is this

Encounter? Or Detainment?

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Officer Says:

“Safety, sir. You have a

CCW so I need to check for

weapons.”

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weapons.”

Is this

Encounter? Or Detainment?

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Officer Says:

“Back up and stop

filming.”

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Is this

Encounter? Or Detainment?

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Officer Says:

“I also need IDs from

everyone else in the car.”

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everyone else in the car.”

Is this

Encounter? Or Detainment?

Page 20: Guerrilla Lawfare

Officer Says:

“If you don’t talk to me, I

will have no choice but

to arrest you.”

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to arrest you.”

Is this

Encounter? Or Detainment?

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Officer Says:

“Put your hands on your

head.”

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head.”

Is this

Encounter? Or Detainment?

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David StilwellTactical Specialist

For questions comments

4th Amendment search and seizure

Guerrilla Lawfare

For questions or comments

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