Howard Woodley Bailey originally shared: When the police want to talk to you, you can be required to identify yourself. Once you have, ask "Am I free to go?" If the officer does not answer you, ask again, "Am I free to go?". If they do not answer, say "If I am free to go, I am leaving'. If you are allowed to leave, LEAVE. If you are being detained, do not volunteer information, and do not answer questions about 'what happened'. It is the job of the officer to inform you why you are be detained, and it is your right to remain silent. Ask for a lawyer and stop talking! Anything you say or do can be used against you.
Howard W. Bailey, Esq. Certified by the NJ Supreme Court as a Criminal Trial Attorney Admitted as an Expert in Criminal Defense by the NJ Superior Court 550 Broad Street, Suite 601 Newark, NJ 07102 973-982-1200
All this is theoretically true, but this guy is not your friend. Anyone who lives in that neighborhood knows that the best advice is: 1. Don't break the law; 2. When detained by the cops, be nice and be cooperative; 3. Do everything in your power to put the cop(s) at ease.
This guy has the freedom to do as he has advised, but he is rich, an attorney, and doesn't live in that neighborhood.
Having said that, look at Donald J. Black's article: The Social Organization of Arrest, Stanford Law Review, (1971). While cops generally try to find solutions other than arrest to solve problems, disrespect is a sure fire way to go to jail. Though the data's dated, my own experience tells me that it's not that far off from the current reality. Some things change little over the years and this maxim is alive and well: "Don't pop off at the police and things will go better for you."
For more than 30 years, Professor Emeritus Sandy Muir taught thousands of Berkeley undergraduates and graduate students about American democracy, U.S. constitutional law, and the virtues of public service. Generations of students attended his classes and benefited from Professor Muir's help, guidance, and wisdom in navigating Berkeley and pursuing successful careers in academia and the public and private sectors. Professor Muir was a leading voice at Cal for promoting civic engagement and public leadership as an iconic faculty member in Berkeley’s Political Science Department.
Rob Duke's insight:
Ah no! Truly saddened to learn that we lost Sandy Muir last month. Those of you who recall my rants on various paradoxes of power (some mine, but the original inspiration comes from Prof. Muir), will understand how sad I am at this loss. For my money, I think Sandy's Power Paradoxes and Nye's Soft Power ideas are the two most promising theories to help police find a way out of the crisis currently confronting it.
First, we need to understand the aspects of power that are problematic. We need to fully analyze the implications from ethics about what we can support and what we can't support. Then, we need to develop a type of Soft Power (micro as opposed to Nye's macro power) to influence communities and help them create capacity to govern themselves.
“The overall decrease in arrests, charges and cases is enormously beneficial to communities of color who bore the brunt of marijuana prohibition prior to the passage of Amendment 64,” said Rosemary Harris Lytle, Regional Chair of the NAACP. “However, we are concerned with the rise in disparity for the charge of public consumption and challenge law enforcement to ensure this reality is not discriminatory in any manner.”
“What is often overlooked concerning marijuana legalization is that it is first and foremost a criminal justice reform,” said Denise Maes, Public Policy Director for the ACLU of Colorado. “This report reminds us of how law enforcement and our judiciary are now able to better allocate time and energy for more pressing concerns.”
Rob Duke's insight:
Paradox of Public vs. Private Space: the poor (often minorities) don't have the luxury of committing private acts, thus are more often in contact with police.
Two Tennessee brothers who say they killed a deputy officer and his friend in self-defense have hung photos of the dead men’s bodies outside their property as a warning to other law enforcement officials.
FAIRBANKS - A marijuana growing operation on Chena Hot Springs Road was raided this morning by the Fairbanks Statewide Drug Enforcement Unit.
Rob Duke's insight:
Voters approved decriminalization of MJ, which went into effect in Feb. Furthermore, MJ remains illegal under Fed law, but the Obama Administration has adopted policy not to raid MJ facilities "legal" under state laws.
Yet law enforcement continues raids.... How will this end in the courts? What do you think?
In California, courts began holding law enforcement civilly responsible for the cost of equipment, lost business, and even for the compensation of the destroyed MJ. Is this the future in Alaska, too?
Officers from around Alaska are in Anchorage this week acting out "active shooter" scenarios like school shootings and hostage situations. The instructors say the training program is quickly becoming the industry standard among police.
"Last night Officer Michael Johnson of the San Jose Police Department was shot and killed while trying to help the community he loved. We are deeply saddened by his loss and cannot express in writing how deep a hole in our hearts we are left with by his passing.
Health Minister David Davis has backed down from a plan for Victorian sex workers to have fewer tests for sexually transmitted infections, prompting sharp criticism from public health experts who say the plan should go ahead.
...Professor of Sexual Health at Melbourne University, Christopher Fairley, said research showed monthly testing was unnecessary and a waste of public health resources because sex workers have much lower rates of STIs than other people.This was backed by a recent study of patients at the Melbourne Sexual Health Centre which showed that of 2896 female sex workers tested for STIs over three years, only 3 per cent were positive.
Authorities say a Wisconsin state trooper was shot and killed in an exchange of gunfire with a person who matched the description of a bank robbery suspect. Police said the suspect also was killed. Fond du Lac Police Chief William Lamb said at a brief news conference late Tuesday that the...
What starts as a speeding ticket can turn into a series of fines on a payment plan from a private collection company, which turns into a suspended license, which turns into another ticket for driving on a suspended license because you have to get to work to pay the ticket for the suspended license, which turns into a title loan, which turns into a seized car, which turns into a knock on the door from the cops because you have nothing left to give to the private collection company and hey you're in debtor's prison.
This is only aggravated by towns where fines like this pay the majority of the municipal budget. You can only go like that for so long before you have cops giggling about who's collected the most tickets and how long people have to wait in line to pay their fines at the local courthouse.
Rob Duke's insight:
1. Use fines to pay for courts, but not police or municipal budgets. This creates a disconnect between those who generate the fines and those who "get" to use them; and
2. Institute "day fines" based upon the day wage of the offender. Poor defendants have equally affordable fines and less of a reason to default on those responsibilities.
The initial call that brought officers to the area around Senter and Umbarger roads may have involved a mentally ill subject, one source said. The call came in shortly after 7 p.m. Witnesses reported hearing an exchange of gunfire in the area, sources said.
Multiple armored vehicles were being summoned to the scene from outside agencies. Members of the MERGE (SWAT) team were also on the scene.
Rob Duke's insight:
Another one. High powered rifle used in the murder. You see why police have these vehicles.
Wasilla's city council on Monday night rolled back some of Alaska’s strictest municipal regulations on marijuana in light of concerns they could violate state law.
Rob Duke's insight:
None of the problems of black or grey markets are remedied unless we actually allow people to grow, trade, and reasonably use MJ. Having said that, policy change often moves slow--even by design. See James Madison's Federalist No. 57 (also, a No. 9, 10, 48, & 49).
Kassick fell to the snow-covered ground and was lying face down when Mearkle ordered him to show his hands. She continued to use the stun gun while Kassick was on the ground, then shot him twice in the back, Marsico said.
Rob Duke's insight:
Good to see this type of filing. I think an expert may show that her use of force was justified, but it's beneficial for the public and for the officer to get a day in court (more like a decade by the time this will be done).
Stroud disavows the death penalty, observing that he was only 33 years old at the time of Ford's case and had no business making decisions that could result in someone's death. "No one should be given the ability to impose a sentence of death in any criminal proceeding," the former prosecutor declared. "We are simply incapable of devising a system that can fairly and impartially impose a sentence of death because we are all fallible human beings." He describes how prosecutors missed exculpatory evidence. "Had I been more inquisitive, perhaps the evidence would have come to light years ago. But I wasn't, and my inaction contributed to the miscarriage of justice in this matter. Based on what we had, I was confident that the right man was being prosecuted and I was not going to commit resources to investigate what I considered to be bogus claims that we had the wrong man. My mindset was wrong and blinded me to my purpose of seeking justice, rather than obtaining a conviction of a person who I believed to be guilty. I did not hide evidence, I simply did not seriously consider that sufficient information may have been out there that could have led to a different conclusion." "I did not question the unfairness of Mr. Ford having appointed counsel who had never tried a criminal jury case much less a capital one," he writes. "It never concerned me that the defense had insufficient funds to hire experts or that defense counsel shut down their firms for substantial periods of time to prepare for trial." Very few prosecutors object in such circumstances. His letter alleges that living conditions in the Louisiana penitentiary are known by the people in charge of it to be abysmal: "Mr. Ford spent 30 years of his life in a small, dingy cell. His surroundings were dire. Lighting was poor, heating and cooling were almost non-existent, food bordered on the uneatable. Nobody wanted to be accused of 'coddling' a death row inmate." He refers to "dubious testimony from a forensic pathologist," adding, "All too late, I learned that the testimony was pure junk science at its evil worst." One wonders how many criminal trials that same person testified in. He confesses to what he and his colleagues did after securing the death penalty: "I went out with others and celebrated with a few rounds of drinks. That's sick. I had been entrusted with the duty to seek the death of a fellow human being, a very solemn task that certainly did not warrant any 'celebration.'"
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