So if...

[Guest FroggyOne2]

step outside, and lock your front door behind you.

That is fine if you have not been drinking.. then you can be charged with PD.

[Fallguy]

Like stated,if you just turn around and lock the door,they will come in after your butt! At that point,they dont know why you're doing what you're doing,and it becomes officer safety,and they will detain your butt,warrant or not

You wanna play cutesy smootsey with the cops over an effin load video game,you've got problems dude!

I believe he step outside to talk to them. If they are investigating a noise complaint, they do not need to come in to the house to check that.

[jdogvol]

You happen to be playing your xbox 360 loud enough dishes in the sink are vibrating and the neighbors call the cops on you. It's probably not a very bright idea to answer the door with a loaded .40 on your hip is it?

Hey it's 11pm at night; how are you supposed to know it's cops LOL.

No I didn't do that lol. When I looked out the window and saw it was the LEO's I put my .40 up.

But if I didn't then they could have done ..?

Get some headphones, dude

[Guest justme]

No,I got the point!Point being "you dont have to"

My point is,why!? !

Fair enough question. The reason being that the Constitution provides us certain protections. If you trust LE to come into your home absent PC or a warrant, then by all means feel free to open your door and let them walk on in--but considering that I am the untrusting type, I won't. Go ahead, you can call me a Constitution loving American--it won't bother me.

Like stated,if you just turn around and lock the door,they will come in after your butt! At that point,they dont know why you're doing what you're doing,and it becomes officer safety,and they will detain your butt,warrant or not

Did I say I would turn around and lock the door in their faces--no. I said step outside and lock the door behind you as you step out.

You wanna play cutesy smootsey with the cops over an effin load video game,you've got problems dude!

Never said I would play "cutesy smootsey" with the police--I said, and I quote--if you are unwilling to stand up for your own Constitutional rights, then there is no one else who should. Now you tell me--what is wrong with that? This just isn't about loud noise--it is about a larger issue than that.

Edited March 10, 2009 by justme

[Guest justme]

That is fine if you have not been drinking.. then you can be charged with PD.

I don't have to worry about drinking--I don't drink. Now how anyone could be charged with Public Drunkenness is beyond me when they don't drink. If you are speaking of Public disturbance just because you step outside and lock your door--they would charge you with that regardless--answering their questions won't change that if they already intend to arrest you--answering their questions may actually give them what they need to go ahead and put you in jail, whereas if you keep your mouth shut they have nothing to use against you...

even Christ would not have been crucified if he had simply remained silent--because the chief priests had nothing to use against him--because all of the witnesses stories did not concur and therefore they had no evidence to use against Him....they only had what they needed to deliver Him to Pilate after He told them that "Hereafter shall ye see the Son of Man sitting on the right hand of power, and coming in the clouds of heaven", which was exactly what the priests needed to deliver Him to Pilate--but that happened the way it was supposed to.

[DaveTN]

I wish I had a dollar for every time a suspect caused a misdemeanor to escalate into a felony arrest because they were totally clueless about what their rights are, where a person invoked Miranda when they were not yet a suspect, or were in a situation where my intentions were to let them go with a warning.

And that is why I offer my own personal experiences. If you don’t know what the law is please take my advice and find out before you get into a pizzing match with a cop. You will lose, you will lose every time and it could cost you thousands and possibly a criminal conviction.

I know it’s very popular and macho to get on a soap box and start running off at the mouth about what to do if a cop stops you or if they show up at your house; and if you are an adult and what to believe some of the silliness you are reading ;that’s fine. But if you are a parent it’s unfair to your kids you give them the wrong information. They don’t deserve to go to jail because you don’t understand how things work.

Be informed.

[Fallguy]

I wish I had a dollar for every time a suspect caused a misdemeanor to escalate into a felony arrest because they were totally clueless about what their rights are, where a person invoked Miranda when they were not yet a suspect, or were in a situation where my intentions were to let them go with a warning.

And that is why I offer my own personal experiences. If you don’t know what the law is please take my advice and find out before you get into a pizzing match with a cop. You will lose, you will lose every time and it could cost you thousands and possibly a criminal conviction.

I know it’s very popular and macho to get on a soap box and start running off at the mouth about what to do if a cop stops you or if they show up at your house; and if you are an adult and what to believe some of the silliness you are reading ;that’s fine. But if you are a parent it’s unfair to your kids you give them the wrong information. They don’t deserve to go to jail because you don’t understand how things work.

Be informed.

No matter what else...can't argue with those two last words...

[Guest justme]

I wish I had a dollar for every time a suspect caused a misdemeanor to escalate into a felony arrest because they were totally clueless about what their rights are, where a person invoked Miranda when they were not yet a suspect, or were in a situation where my intentions were to let them go with a warning.

And that is why I offer my own personal experiences. If you don’t know what the law is please take my advice and find out before you get into a pizzing match with a cop. You will lose, you will lose every time and it could cost you thousands and possibly a criminal conviction.

Yes, it does come down to what our rights are does it not? That means that we don't have to talk. The problem with people--they talk too much and think too little. Even police will tell you that the problem they have during a stressful situation is getting people to shut up. People by nature want to talk, and to tell their side of the story. I still say--you can't talk your way out of being arrested, and nothing you tell the police can be used to help you, while everything you tell them can be used against you.

Perhaps you have seen this video?

I know it’s very popular and macho to get on a soap box and start running off at the mouth about what to do if a cop stops you or if they show up at your house; and if you are an adult and what to believe some of the silliness you are reading ;that’s fine. But if you are a parent it’s unfair to your kids you give them the wrong information. They don’t deserve to go to jail because you don’t understand how things work.

Oh I think I have a pretty good idea of how things work.

Who ever said about running off at the mouth? I still say if you were a police officer and you came to my house and told me to let you in, and you did not have probable cause, or a warrant I would tell you no--and would do so in a very civilized way, BUT I would step outside to talk to you, locking the door behind me as I came out, and if I felt like I was being interrogated I would most certainly call a lawyer.

Be informed.

I have no argument with this statement.

Edited March 11, 2009 by justme

[DaveTN]

Yes, it does come down to what our rights are does it not?

No. It comes down to surviving a traffic stop, or surviving the cops showing up at your door without you being carted off to jail.

If you need to have a big azz discussion about your rights; do it right here. I am more than willing to participate and it will not end up in your arrest.

You have Cops, former Cops, real Lawyers and some people who play lawyers right here on this forum. If you want to know what is going to happen when the cops show up, I would suggest you ask a cop. If you want to know what is going to happen in court I would suggest you ask a Lawyer.

That means that we don't have to talk. The problem with people--they talk too much and think too little. Even police will tell you that the problem they have during a stressful situation is getting people to shut up. People by nature want to talk, and to tell their side of the story. I still say--you can't talk your way out of being arrested, and nothing you tell the police can be used to help you, while everything you tell them can be used against you.

Yes, you can certainly remain silent. If you are guilty and know you are going to jail; I would recommended it.

If the Police have been called on you, and they are doing an investigation; remaining silent could quite possibly be the dumbest thing you could do. It is rarely a good plan and usually comes about after massive amounts of alcohol have been consumed. The cop will now base his decisions on one side of the story.

The Police are not in a stressful situation; they go from one of these calls to the next. In most of these “Neighborhood†“Disorderly†BS calls I was trying to settle things down and leave. If I had someone that did not want to talk about what happened (and that was rare) I just arrested them and let them sort it out with their Attorney and the courts.

Perhaps you have seen this video?

Yes I have. I also have seen the video that was made by an attorney and tells kids that when they are stopped by the cops to get out of their car and lock the car doors.

I have seen attorneys (like anyone else) do and say some stupid chit but that one takes the cake. I hope young people did not watch that and think it was a good idea, although I’m sure some did.

Just because a video is made by an Attorney, Cop, Judge…. Whoever does not mean that it is good info. You need to use common sense.

Who ever said about running off at the mouth? I still say if you were a police officer and you came to my house and told me to let you in, and you did not have probable cause, or a warrant I would tell you no--and would do so in a very civilized way, BUT I would step outside to talk to you, locking the door behind me as I came out, and if I felt like I was being interrogated I would most certainly call a lawyer.

And I would not be able to ask for anything more. But you have been saying to say nothing. That won’t end up well for you in most situations.

[Guest justme]

No. It comes down to surviving a traffic stop, or surviving the cops showing up at your door without you being carted off to jail.

If you need to have a big azz discussion about your rights; do it right here. I am more than willing to participate and it will not end up in your arrest.

You have Cops, former Cops, real Lawyers and some people who play lawyers right here on this forum. If you want to know what is going to happen when the cops show up, I would suggest you ask a cop. If you want to know what is going to happen in court I would suggest you ask a Lawyer.

No, there won't be a big discussion about rights. And as long as I am not doing anything--LE should have no issue when I invoke my rights. If one pulled up alongside of me on the street as I walked down it and wanted to talk to me--it would be iffy as to whether I would say anything, and depending on what they said my first response would be "officer am I being detained?" Depending on what was said from there I would most likely call a lawyer, and would try to get it on audio--just for my protection.... I'm not a stupid person. I have a good idea how things work. They may not like it for example when and if I refuse a consent to search of my car, but there isn't a whole lot they can do about it. They may not like it when I record our conversation--and as Tn. is a single party consent state, again there isn't a lot they can do about it--it is about covering my own butt.

Yes, you can certainly remain silent. If you are guilty and know you are going to jail; I would recommended it.

If the Police have been called on you, and they are doing an investigation; remaining silent could quite possibly be the dumbest thing you could do. It is rarely a good plan and usually comes about after massive amounts of alcohol have been consumed. The cop will now base his decisions on one side of the story.

The Police are not in a stressful situation; they go from one of these calls to the next. In most of these “Neighborhood” “Disorderly” BS calls I was trying to settle things down and leave. If I had someone that did not want to talk about what happened (and that was rare) I just arrested them and let them sort it out with their Attorney and the courts.

I'm not interested in a contest with anyone. But if they began violating my rights they would in short order be facing a massive lawsuit.

I understand what you are saying about telling your side of the story--that is not what I am talking about. I am talking about talking to the police and intentionally giving them the evidence they need to arrest you simply because you don't want to keep your mouth shut. They can't use against you what you don't tell them.

Yes I have. I also have seen the video that was made by an attorney and tells kids that when they are stopped by the cops to get out of their car and lock the car doors.

and in a traffic stop, if they asked me to get out of my car I would lock my doors through the automatic locking mechanism and take my keys with me.

I have seen attorneys (like anyone else) do and say some stupid chit but that one takes the cake. I hope young people did not watch that and think it was a good idea, although I’m sure some did.

yes, I have to, and by and large I view most of what they do with a jaundice eye as well. Everyone says and does stupid , you, me, the police, everyone.

Just because a video is made by an Attorney, Cop, Judge…. Whoever does not mean that it is good info. You need to use common sense.

yes, I agree with that 100% absolutely. Although in this society, common sense has been tossed to the four winds...most people would not recognize it if it stared them in the face.

And I would not be able to ask for anything more. But you have been saying to say nothing. That won’t end up well for you in most situations.

You took it as I meant to simply clam up, and that was not what I said--or if it was, was not the way I meant for it to be taken..I mean that depending on the situation it is best to simply keep your mouth shut, answer as few questions as possible, and if possible, not to let them into your residence unless they have either PC or a warrant, that way they can't plant anything (and yes it does happen), and they also can't find some asinine reason to arrest you for something just because they want to show who has the biggest pair--and yes, that happens too.

Edited March 11, 2009 by justme