[Noisebridge-discuss] CopCards

[Sai]

On Tue, Jul 9, 2013 at 9:05 AM, maestro <maestro415 at gmail.com> wrote:
> just a small add-on to this is A LOT of people think rules change in a
> traffic stop as you *must have* been pulled over for something.

If it's a legal stop, yes. You can't be stopped in the first place
without reasonable suspicion, unless it's a checkpoint.

> you
> only have to crack your window a tiny bit and make sure you lock your
> doors. even if they continue to ask you to roll down the window

If the detention was legal in the first place, they are allowed to
insist that you roll it down, that you get out of the car, move the
car, etc.

> you
> just calmly say "no, i'm okay with it like this and i can hear you, am
> i being detained? (and on what charge)". and it's the same as the
> street if they don't answer you can calmly say that they're non-answer
> means you are free to go. if they don't answer just say it again "am i
> being detained, and for what charge?" "am i free to go then?"

There's a fine line there. They do *not* have to tell you why you are
being detained. They don't even have to tell you explicitly *that* you
are being detained, though if you ask and they don't answer you can
say something like "you haven't told me I'm being detained, so as far
as I understand I'm free to go. I'm going to leave now". That is, you
don't get to decide whether you're detained or not, but you get to act
on a reasonable understanding of the situation.

> film them the whole time with your phone or whatever too. they'll ask
> you to turn it off but they can ONLY ask, you DO NOT have to turn your
> camera off ever.

Mostly true. It has to be in the open. There are some situations in
which they can take it physically out of your hands because of
"officer safety", i.e. because they suspect it is a disguised gun or
the like.

OTOH if you show them that it's a functional recorder by eg showing
the recording screen, then that claim would evaporate. And the DoJ has
not been friendly at all lately to police officers who act to stop
people from recording them.

- Sai