The 6 "No's" You Should Know When It Comes to Law Enforcement

welcome back we just had a bit of a technical failure there we're back up now live on Facebook and we want to talk about six factors that you need to be aware of when you're dealing with law enforcement we call it this six nose no.2 no ka no W and I'm a lawyer here in Jacksonville Florida retired FBI agent former cop out of Miami and I have some real-world experience in this and I'm a defense attorney today so I see a lot of mistakes that folks make and oftentimes I wish that I could go back and fix it for them and it just takes a little bit of effort to avoid the problem all together so the first question today is why do I need to give an officer my licenses I'm not driving and the answer is you don't have to carry any ID with you at all period in the United States now there's a problem with that and here's what it is okay if you are unable to dispel the officers fear for persons or property in the area where you've been confronted that's a problem and you can be arrested now should you be arrested is it proper for you to be arrested under those circumstances no it's not but that doesn't solve the problem for you the individual who is confronted by law enforcement so yes you can stand your ground in regard to your identification and you could say item I don't have any ID officer which if it's true that's okay because really you're not required to tell an office or anything at all you're not required to communicate with them but I will assure you if you cop an attitude with a police officer on the street there are repercussions some of those repercussions we don't like and we see them here in the office occasionally when people walk in they've been toured for some minor crime and realize that just being arrested causes tremendous problems in your future just the arrest not the conviction not the cost of attorney or a bondsman or any of that just the arrest is a permanent record in the federal system because as soon as you're fingerprinted it's in the federal system you're never getting out of it ever and people who need to know the government teachers unions all kinds of groups will know that you've been arrested and there's no way to get out of that so your next question do I have to talk to the police again the answer is none you don't have to say anything at all to them but again there are consequences for not being polite to law enforcement look if you're not doing anything wrong it won't hurt you to respond to the officer in a respectful way so that she'll go on and find some better target to spend her time on instead of you and if you just can swallow your pride for just a few moments when you're having this encounter with law enforcement it'll peg you off in double later on in life where you don't have to explain to someone about a bad attitude or why you were arrested so now you don't have to talk to them but you probably should just to be bought if somebody walked up to you typically on the street and engaged in conversation you've talked on so it's not unusual for officers to have that same attitude toward you you should certainly have a polite and respectful attitude toward them do I have to let an officer search my clothing never okay almost valuable right is the right to be let alone by government and that also means not being frisked by government not being searched by government because that's what it is now when is it appropriate well here's the rule the rule is that if you are doing something that looks suspicious and you have a bulge that bulge could be a weapon and as a result the courts allow officers to Pat you down for that weapon if it's not a weapon then that should end the search however changes in the law over the last 50 years have made it possible for an officer to Pat you down for that bulge and had that bulge not be a weapon which has a complete right to search for to protect himself and others it turns out to be a scrunchy bag full of weed and that's a problem because of that license to Pat you down for weapons they've discovered marijuana and a plastic bag in your pocket you're going to jail and the best thing to do is to not carry weed like that with you so that when the officer packs you down it's discovered now laws are changing but they haven't changed yet and that'll end up and you going to jail because the officer can't just throw the weed away which is your property and then Colorado of course you're allowed to have a certain amount but here in Florida still it's illegal to have and even the medical marijuana law passage is not going to benefit people who are walking around openly with concealed amounts of marijuana on them that are discovered based on the officers ability to search you for weapons so you can't be searched but we are searched in that regard and you need to be prepared for that do I have to wear an officer's head to my house you know the house is the most protected part of our lives our bodies first the physical search begins for our bodies but also our home and without a warrant and this is the way the laws are structured that searches are illegal unless there's a warrant there are exceptions but if there's not a warrant you don't have to let anybody search your house or do anything and you should not allow yourself to be bullied into a position no matter who you are of allowing police officers to simply go into your house and rummage around in your drawers looking for material that they think is contraband that's wrong recently there was a ruling relating specifically to cellphones so they go into a house or are and they this is not my color at all but this cell phone they can't simply search that cell phone unless there's probable cause to get a want to do that so they they can ask you they can say Dale will you give us the password so we can get into your phone and my answer to them is look I have a lawyer her name is Gus and so and no I'm afraid I can't simply authorize you to do that and then you got to shut up in police presence that's really hard to do once they sat you down you're in a dangerous position you're being interviewed you know people routinely give too much to law enforcement when there's just not required to do that because it's very frightening to be in a situation with law enforcement where the rooms closed you know you can't get out you're just overwhelmed by the number of people police officers in a squad room particularly that's in an interrogation room I mean you walk in and there are 50 police officers there and you know for certain that if you don't behave for there's this few minutes you get in serious trouble and that's what results are people confessing and and I'm not a big fan of making confessions to police officers look if you've engaged in criminal activity there might come a point when you want to alert somebody or explaining yourself to somebody but an interview interrogation room with law enforcement is not the place for that to happen should I let the police look at my phone and the answer is today you know 50 years ago they could have looked at it and there it would be sitting on the desk it's got a handset and buttons or a dial to get I'll they could have looked at it all they wanted I wouldn't have made any difference today when they look at our cell phones they're peering into our souls now we routinely let big businesses do this Google Amazon eBay I mean they're looking at our preferences what our searches are about to tell who we are so they can advertise to us but in a circumstance of law enforcement looking in your phone photographs that you may not think are inappropriate at all may according to their perspective be something that is a felony and a convictable offense if you allow them to look at your cell phone by agreeing to the search don't do that they should have to go to a court and explain to a court why it is that they want to look into your phone in order to permission from the court which is called a warrant in this case a search warrant to search your phone without that they search your phone find something that can't be used against you but I will assure you that it won't prevent you being arrested and that's the big key the other thing look don't carry something on a portable device like this that could put you in prison for the rest of your life you put child pornography on here you're going to prison for a long long time it shouldn't be on your phone at all and candidly today we haven't reached this point yet but of course you can go from this phone to everything I've got stored in the cloud so you're essentially not only looking at the memory that's in this phone so what's stored there but conceivably you can get into my network and look at everything in my network so the ability giving someone permission to look in our phone is like opening our entire lives up now I'm sure there are some of you who would say I don't have anything hi I'm not worried about it they can see anything they want to see I don't do anything wrong but I can assure you that is not an appropriate view because you don't know what the mission of the people who are asking to search your phone you don't know what their mission is worthy why are they looking at you why so they may find something in here the cheers you took a photograph at a certain place at a certain time that makes you a criminal and if you hadn't shown them this with the geo-print on it you wouldn't be in any trouble at all so let's not just routinely let law enforcement look at our phones password protect this bad boy you police officers like look you know I get asked this question frequently police officers are human beings simply because you are a certified police off from the state of Florida doesn't automatically remove you from the human population and is propensity right so the answer to the question is an obvious yes they have a mission they have a job there are those who would very easily lie there are those who would never lie there like any group of random humans that you would see anywhere some of them will be people who flamboyantly lie and other people make it their mission in life not to lie because they find it offensive for moral or political reasons so I will tell you that yes police officers lie but if you're not in a confrontation with them because you copped an attitude or you don't want to show them some license you have or something because you know the rules and you don't have to listen to what they say you're asking for trouble and if an officer is willing to lie I can assure you nine times out of ten that officers going to be believed before you are and certainly also going to believe be believed when their supervisor their sergeant signs your arrest affidavit so you can go to jail while you get this entire matter sorted out thank you for listening to us today we enjoy working with anyone who has questions about this or other things related to the law don't hesitate to give us a call here at my office in Jacksonville Florida or you can find us on the web page at WWF's and that's da le CA RSO in law l aw com look forward to hearing from you

Channel: Dale Carson Law

Views: 900,849

Rating: 4.6643543 out of 5

Keywords: Jacksonville Criminal Defense Attorney, Criminal Defense Attorney Florida, Jacksonville Criminal Defense Lawyer, Jacksonville DUI Attorney, Jacksonville Personal Injury Attorney, Criminal Defense Lawyer Jacksonville

Id: 8KV5sd0l4zU

Length: 12min 59sec (779 seconds)

Published: Tue Aug 08 2017