[Noisebridge-discuss] CopCards

[maestro]

G. F. Y. .[punto]


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On Tue, Jul 9, 2013 at 2:08 PM, Ronald Cotoni <setient at gmail.com> wrote:

> Please keep legal advice off the list.  This is getting into stuff that
> you researched, which may or may not be 100% accurate.  I would suggest
> taking these cards to a local lawyer and using a free consultation to see
> if it is legit in your area.   The law is such a grey area and there are so
> many things you can do wrong (remaining silent can hurt you now sometimes
> for example).
>
>
> On Tue, Jul 9, 2013 at 1:16 PM, Sai <i at s.ai> wrote:
>
>> 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
>> _______________________________________________
>> Noisebridge-discuss mailing list
>> Noisebridge-discuss at lists.noisebridge.net
>> https://www.noisebridge.net/mailman/listinfo/noisebridge-discuss
>>
>
>
>
> --
> Ronald Cotoni
> Systems Engineer
>



-- 

*~the quieter you become, the more you are able to hear...*
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