This information is provided by Eddie Craig (a former deputy sheriff, and due process expert)
TO BE PRACTICED AND MEMORIZED!
If necessary, print this out and keep it in your car for easy reference, but it will more effective if you practice it and memorize it like you would for a part in a play. The more you practice the material the more easily it will come to mind when needed and the more effectively you can assert your rights and protect them.ALWAYS carry one or more audio/video recording devices with you into the public world. NEVER go out without them.
Having a pen and notepad of some kind readily available for taking notes is also recommended. Write down any names and badge numbers you receive and use them accordingly. It is also recommended that if you have a cell phone in addition to other recording devices, then, you ALSO call someone that can act as an audible witness to what is said during the encounter and possibly also record the conversation from their end as well. No matter what the officer says, DO NOT hang up the phone. If necessary, LIE about who you have on the phone!! Tell the officer that it is your legal counsel on the line and you will not comply with any of his/her demands without proper legal advice from your counsel.
There is no law against being on the phone during such an encounter, nor is there any legal basis for an officer to threaten you or demand that you disconnect your call during the encounter. The idiotic claim that such a demand is related to “officer safety” is not a plausible basis for such demand.
What you say and do during a “transportation” stop can mean the difference between simply getting a citation (or not) and being released to continue on your way, or, being hauled off (illegally) to jail. These questions and actions are specifically designed to protect both your physical being and your fundamentally protected rights. If you fail to follow these recommended procedures then you should not be surprised when things do not go the way you want them to. Ignore these procedures at your own peril.YOU must control the information exchange and your own emotional state. Do not become flustered, frustrated, afraid, or angry.
Maintain your composure and speak in a calm and collected voice and manner at all times. Treat the officer with respect. You want the video evidence to show that if anyone lost self-control during the encounter it was the officer(s) and not you. It is also important that you ask anyone else that may be with you to remain silent and to say and do nothing except as described herein. If they are unfamiliar with these concepts and procedures then it would be a good idea for you to either educate them on these concepts and procedures or simply don’t have them with you. Someone else can get you into just as many problems as you can yourself if they say or do things other than as described herein.
While I am aware that there is the ability to say less just as effectively, I believe that we should be working toward ending these abuses and behavior by our public servants by making a record that would allow us to take action against those of them that refuse to honor and obey our rights, their oath of office, and the limits of their power and authority. This script is intended to assist you in making a viable record that can be used in a lawsuit against these public servants in state and federal court. If you can get THEM talking about the violations they are perpetrating and their knowing and willful intent to commit those violations, then, a jury is much more likely to find in your favor when the officer(s) stand condemned from their own mouths and recordings.Dos and Don’ts:
Do remember that an officer is REQUIRED to read you your rights before questioning or searching you if they have placed you in a custodial arrest. In Texas you ARE ALWAYS in a custodial arrest when stopped for an alleged “traffic offense” (see Secs. 543.001-.009, Texas Transp. Code). The reading of your rights is a mandatory requirement that works in your favor unless/until you behave stupidly by talking voluntarily (sees Art. 38.22, Texas Code of Crim. Proc.). Be aware, however, they almost NEVER do this, meaning that anything incriminating that you may say or that they may find can be suppressed as an involuntary or coerced statement or illegal warrantless search and seizure. You should also be aware that the officer(s) is/are trained to lie about you being in a custodial arrest and will most likely say instead that you are in an “investigative detention.” If you are in Texas (and most other “states”), then understand that this is a TOTAL LIE! You almost always ARE in a full-blown custodial arrest (see Legal Equation illustration below).
Don’t EVER answer an officer’s questions. You have the right to remain “silent,” so USE IT!
However, being “silent” DOES NOT mean to suddenly become a DEAF MUTE! It simply means that you are NOT to provide ANY information or documents in response to the officer’s demands or questions.
Invoke your fundamentally protected right to remain “silent” and to assistance of counsel, and then simply refuse to waive them, which you will do if you comply with the officer’s demands.
The foremost thing to remember in these situations is to NOT engage the officer(s) in idle conversation, dialog, or chitchat. It is important that the ONLY things you say to the officer(s) are specifically directed at the reservation and protection of your fundamentally protected rights, and nothing else. This is known as my self-imposed rule of “invoke, demand, protect.” Once you have invoked these rights NEVER waive or abandon them by ignoring these recommended procedures.
Questions like “Where are you coming from?”, “Where are you going?”, “Who are you meeting?” have NOTHING to do with a “transportation stop.” They are used simply to get additional information that may allow the officer to continue his witch hunt and escalate the severity of the charge(s) he might make against you. Also, NEVER answer questions like “Do you know why I pulled you over?” or “Are you aware that you?”
STOP HELPING HIM SCREW YOU OVER! DON’T ANSWER THESE QUESTIONS! Remember the cardinal rule about talking freely, DON"T TALK, BE QUIET and when you have done that, SHUT UP SOME MORE!Whatever you say CAN and WILL be used against you in a court of law, so SHUT UP unless you are doing or saying something specified in this script!
Do remember to roll up ALL of your windows and to lock your doors whenever you get pulled over, and don’t ever open them or get out. That being said, MY personal habit, on warm and sunny days, has always been to carefully but quickly exit the car (keeping my hands in plain view) BEFORE the officer can prevent me from doing so, while simultaneously locking my doors, throwing the keys into the front seat, and closing the door. Doing this removes the possibility of you having access to any form of weapon that may be inside the car and could be used to injure the officer(s). In this way the officer no longer has the legal ability or excuse to conduct a warrantless search of your car, even if they tow it. Remember to keep a spare door key in your wallet, pocket, or purse if you do this. However, if it is freezing cold and/or pouring down rain, remain in your car and let the officer stand outside for as long as he likes in order to conduct his unlawful and illegal witch hunt while you take your time in following this script.
Don’t EVER roll down more than one (1) window at a time if you remain in your car during the stop, no matter what the officer(s) tell you to do. This eliminates the possibility of an officer fabricating an opportunity to escalate the stop by saying that the resulting cross-breeze allowed him/her to smell something. If you must open a different window then is certain that you have closed all other windows before doing so.
Don’t EVER roll down your one open window more than two and a-half (2.5) inches, no matter what the officer(s) tell you to do, and for the same reasons as stated above. Just say “I can hear you fine officer and I am most comfortable with the window at its current level, thank you.”
Don’t EVER provide an officer with any documents or other information that they demand. The legal ramifications to your fundamentally protected rights are devastating.
Don’t EVER give your consent to an officer to search your car for any reason. You are just asking to have incriminating evidence planted or discovered that could be used to criminally charge you, and it won’t matter if you knew it was there or not, YOU CONSENTED TO THE WARRANLTESS SEARCH!!
DON’T BE AN IDIOT! Don’t let them threaten or coerce you into waiving this right because it also attaches to the waiver of other important fundamental rights that are essential to your legal wellbeing.
Even if they threaten to have a canine unit report to the scene you must not waive this right. Tell the officer “I do not consent to being detained by you for any additional time or other purposes. Am I free to go or are you going to continue to illegally falsely imprison me beyond the time needed to conclude this stop?”
JUST SAY NO TO WARRANTLESS SEARCHES!
Officers will almost always insist that you are NOT under custodial arrest, but rather are simply being “detained” or are part of an “investigative detention.” This is a blatant lie most of the time. No officer has the authority to simply walk up and demand that you answer questions, produce ID, or provide them with your private information, verbally or otherwise. Be aware, however, that when you won’t submit and give them your information, their favorite tactic is to threaten to charge you with “Failure to Identify.” However, in Texas law (Sec. 38.02, Penal Code) you can be charged with “Failure to Identify”
ONLY if you have ALREADY been lawfully arrested for some other offense, or, you are being lawfully detained for questioning in a criminal investigation, and then ONLY under the following conditions and circumstances; in either case you are required to give ONLY your name, address, and DOB, nothing more; in the case of already being lawfully arrested for some other offense, you cannot refuse to provide these three things; in the case of being lawfully detained, you cannot provide false responses for these three things, but you CAN refuse to provide them at all. You can provide this information verbally (Texas). There is no law in Texas that requires that it be presented on some form of physical ID or document, nor could there be (anywhere USA) because there is not and cannot be a valid law that requires and compels a private individual to obtain and carry a state or federally issued form of ID.
WARNING! It is of the utmost importance that you understand the true nature and purpose of a “transportation” stop. The goal of every enforcement officer nationwide is to create a situation that culminates in one of two scenarios:
1) A DUI bust
2) A drug bust.Dale Carson (a former Miami police officer, former FBI agent, and current lawyer) validates this claim in his book “Arrest-Proof Yourself: an Ex-Cop Reveals How Easy It Is for Anyone to Get Arrested.” This is ALWAYS the goal. It is NEVER about “public safety.”
It is always about maximizing the potential charges against an individual and the revenue that a conviction on those charges generates. STOP HELPING “THEM” SET YOU UP FOR A FALL!