this post was submitted on 22 Dec 2023
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THE POLICE PROBLEM

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    The police problem is that police are policed by the police. Cops are accountable only to other cops, which is no accountability at all.

    99.9999% of police brutality, corruption, and misconduct is never investigated, never punished, never makes the news, so it's not on this page.

    When cops are caught breaking the law, they're investigated by other cops. Details are kept quiet, the officers' names are withheld from public knowledge, and what info is eventually released is only what police choose to release — often nothing at all.

    When police are fired — which is all too rare — they leave with 'law enforcement experience' and can easily find work in another police department nearby. It's called "Wandering Cops."

    When police testify under oath, they lie so frequently that cops themselves have a joking term for it: "testilying." Yet it's almost unheard of for police to be punished or prosecuted for perjury.

    Cops can and do get away with lawlessness, because cops protect other cops. If they don't, they aren't cops for long.

    The legal doctrine of "qualified immunity" renders police officers invulnerable to lawsuits for almost anything they do. In practice, getting past 'qualified immunity' is so unlikely, it makes headlines when it happens.

    All this is a path to a police state.

    In a free society, police must always be under serious and skeptical public oversight, with non-cops and non-cronies in charge, issuing genuine punishment when warranted.

    Police who break the law must be prosecuted like anyone else, promptly fired if guilty, and barred from ever working in law-enforcement again.

    That's the solution.

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Our definition of ‘cops’ is broad, and includes prison guards, probation officers, shitty DAs and judges, etc — anyone who has the authority to fuck over people’s lives, with minimal or no oversight.

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RULES

Real-life decorum is expected. Please don't say things only a child or a jackass would say in person.

If you're here to support the police, you're trolling. Please exercise your right to remain silent.

Saying ~~cops~~ ANYONE should be killed lowers the IQ in any conversation. They're about killing people; we're not.

Please don't dox or post calls for harassment, vigilantism, tar & feather attacks, etc.

Please also abide by the instance rules.

It you've been banned but don't know why, check the moderator's log. If you feel you didn't deserve it, hey, I'm new at this and maybe you're right. Send a cordial PM, for a second chance.

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ALLIES

!abolition@slrpnk.net

!acab@lemmygrad.ml

r/ACAB

r/BadCopNoDonut/

Randy Balko

The Civil Rights Lawyer

The Honest Courtesan

Identity Project

MirandaWarning.org

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INFO

A demonstrator's guide to understanding riot munitions

Adultification

Cops aren't supposed to be smart

Don't talk to the police.

Killings by law enforcement in Canada

Killings by law enforcement in the United Kingdom

Killings by law enforcement in the United States

Know your rights: Filming the police

Three words. 70 cases. The tragic history of 'I can’t breathe' (as of 2020)

Police aren't primarily about helping you or solving crimes.

Police lie under oath, a lot

Police spin: An object lesson in Copspeak

Police unions and arbitrators keep abusive cops on the street

Shielded from Justice: Police Brutality and Accountability in the United States

So you wanna be a cop?

When the police knock on your door

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ORGANIZATIONS

Black Lives Matter

Campaign Zero

Innocence Project

The Marshall Project

Movement Law Lab

NAACP

National Police Accountability Project

Say Their Names

Vera: Ending Mass Incarceration

 

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[–] Neato@kbin.social 37 points 10 months ago (3 children)

Just don't answer. In most states you have an obligation to show license and registration. That's it. Cops can only ask you to comply with lawful orders.

Now they can still murder you anyways and get away with it so that complicates matters.

[–] Nougat@kbin.social 22 points 10 months ago (1 children)

Being unresponsive can be legally interpreted as being uncooperative. You must actively exercise your right to remain silent.

[–] Neato@kbin.social 1 points 10 months ago (1 children)

You don't have to cooperate. You just have to follow lawful orders. Making conversation isn't one.

[–] Nougat@kbin.social 17 points 10 months ago (1 children)

However, if you are asked, for example, "Where are you headed?" and you just don't respond, the officer can now consider you uncooperative and possibly hostile, which legally changes what they are able to order you to do. Now they can remove you from the vehicle and handcuff you in the back of a patrol car.

Unresponsive silence is not exercising your right to remain silent. As above, you must actively express your exercise of that right.

[–] Neato@kbin.social 0 points 10 months ago (1 children)

What law allows cops to detain you for not answering irrelevant questions?

[–] Nougat@kbin.social 16 points 10 months ago* (last edited 10 months ago) (1 children)

https://en.wikipedia.org/wiki/Berghuis_v._Thompkins

The mere act of remaining silent is, on its own, insufficient to imply the suspect has invoked their rights.

Essentially, SCOTUS ruled that the act of being unresponsive is not a way to affirmatively assert your right to remain silent, even after having been read the Miranda warning and expressing an understanding of that warning.

Different state and local jurisdictions will handle this in different ways, I'm sure. It's going to take me some time to find it, but I distinctly recall knowing that an officer during a traffic stop can take a person's unresponsiveness to be a hostile act from at least one Audit the Audit video, and treat the person accordingly - at least in one jurisdiction.

I will continue to look for the specific thing, but Berghuis v. Thompkins is what makes it possible anywhere in the United States.

[–] Neato@kbin.social 3 points 10 months ago (1 children)

Hmm, you may be right. I can't find any specific results that say if this also applies to traffic stops. I read it as when you are detained and in court but there may be no legal difference.

[–] Nougat@kbin.social 4 points 10 months ago

Here's the actual case ruling:

https://supreme.justia.com/cases/federal/us/560/370/

Excerpts:

Thompkins did not say that he wanted to remain silent or that he did not want to talk with the police. Had he made either of these simple, unambiguous statements, he would have invoked his “ ‘right to cut off questioning.’ ” Mosley, supra, at 103 (quoting Miranda, supra, at 474). Here he did neither, so he did not invoke his right to remain silent.

The prosecution therefore does not need to show that a waiver of Miranda rights was express. An “implicit waiver” of the “right to remain silent” is sufficient to admit a suspect’s statement into evidence.

Perhaps not relevant to the present discussion, but I find it notable that you must "unambiguously" assert your Miranda rights in order to claim them, but that you don't have to unambiguously waive your Miranda rights. All you need to do for the justice system to consider your Miranda rights waived for a particular question is to answer it.

I would also mention that you have Miranda rights at all times, whether they have been read to you or not. Indeed, the only time those rights are required to be read to you is immediately before the police ask you questions about a crime you are suspected of committing. Considering that a "witness" statement can oh so easily make the witness into a suspect, it is highly possible for someone being questioned by the police for any reason to make a self-incriminating statement prior to being Mirandized.

tl;dr: Shut the fuck up.

[–] blazeknave@lemmy.world 4 points 10 months ago

Being white helps.. but just looking confused and dumb seems to be best.

[–] Stupidmanager@lemmy.world 1 points 10 months ago

You have clearly never been pulled over. This is a great way to get in trouble. You don’t need to tell them a story, but absolute silence is going to get you some self imposed cop trying to over compensate, pulling a gun on you.

People, unless this moron can show you 1 state law backing this up, do not follow their advice. This works on TV dramas, not real life.

Turn your phone camera on, start recording, place it where it can’t be seen, just answer short replies, yes and no answers. Be polite. No stories, do not admit to anything you think you did (or that you did). Some say don’t argue, but my personal favorite is telling the cop “I disagree“ to their accusations since most stops are suspected violations and require you to incriminate yourself. 99% of my traffic stops resulted in warnings, because I wasn’t a dipshit.