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I Will Not Talk Without Immunity (Jamaican Style)

Greetings, Mr. Desk Sergeant, Mon – Cool Runnings!

My name is Winston Nesta Irie but friends call me “Ras

My Involuntary presence here at this Police Station tonight, is because of your Government Monopoly on the Use of Force and Aggression upon Captive Citizens – extorting Tribute from various Protection Rackets and Initiations of Violence as a Solution, Mon.

 

I Will Not Talk Without Immunity (Jamaican Style)

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Yes Sarge, I-Man actually does have a specific complaint to make. And thank you for the bottle of Spring Water.

During a stop for an alleged but non-existent traffic violation, your Officer demanded to see my driver’s license and other documentation.

At first, I&I told Officer 641 – “I’m sorry, I&I am in a hurry so I-Man doesn’t have time to talk to you right now“.

The System is setup to presume that everyone already knows their rights and what all the laws are – ignorance is no excuse they say – so if someone “waives” their rights or breaks some law, it must be what they intended to do.

On top of that, you Police can do anything they want out in the real world – some of you will even lie about it afterwards…

The Public never really knows what to expect from Police – if you think we know our rights, many Policemen may treat us fairly and respectfully, but with others, standing up for our rights might get us tased, shot or worse.

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I&I always has to watch out for the “limits” of I-Man’s rights.

Every American citizen has the Constitutional Right to be free from Unreasonable Search and Seizure – and to be Secure in their Person and their Papers.

Police face volatile and dangerous situations that can potentially threaten both your Officers and the public.

Of course they have the right to search for weapons if they feel themselves in danger – but they are not allowed to search randomly for other items.

Right Sarge?

A lot of times, Police searches are legal simply because the person didn’t object, so the System presumes “consent” because there was no verbal objection.

Sarge, just the sheer complexity of modern criminal law, codified in several thousand sections of the United States Code, and the virtually infinite number of factual circumstances that might trigger an investigation into a possible violation of the Law – make it difficult for anyone to know in advance, just when a particular set of statements, might later appear to a Prosecutor, to be relevant to some investigation somewhere

That is why I-Man plead the Fifth and refused to give a statement to your Duty Officer, after being wrongfully arrested and brought here to the Station against my will.

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Thank you very much Sarge – but I&I don’t want to have a lawyer provided. All lawyers are “Officers of the Court” & once I-Man accepts service from any of them, I am also inadvertently accepting the Court System’s Jurisdiction…

On the street I hear that lawyers like to enter a plea of “Not Guilty” even before formal charges are filed – usually within 48-72 hours of arrest (except Sundays and holidays) – but then, that sensible-sounding “Not Guilty” plea would automatically lock I-Man into Criminal Proceedings (like a contract) with your Babylon System.

I&I am planning to get this foolishness dismissed personally – long before arraignment, or, failing that – I-Man will get a lawyer who will.

Police know that we have Rights, but you always hope that we Citizens don’t know what they are. You don’t want people to know that that it is their lawful right to say “No” to a Policeman’s request.

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All Police want citizens to believe in is urban legend – like the one that if an undercover officer is asked if he is a cop, he must admit it, but the fact that a police officer lied to a suspect about being law enforcement does not by itself establish the “entrapment defense”.

I&I can never seem to get a clear answer on these things, or by the time that I think I do – “the few” change the laws again.

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Whenever I&I think that I am up to date on which “old” Rights and Liberties I-Man no longer have – another Patriot Act comes along to “Liberate” even more of my Inalienable Rights away….

For my Safety, of course. Oh, the Sacrifices we Must Make…

So much for having a general body of law that is generally known, and agreed upon, and understood, that applies to everyone and that everyone knows about ahead of time.

Many people get tricked into traps because they don’t understand that Police are always trying to get you to give up your rights. I-Man read somewhere once that some lawyer said that 99% of the people in jail talked themselves inside…

The System says that as long as the police do not force an individual to do something, then it is a voluntary act – even if intimidation or implied threats of violence played a role!

When Officer 641 insisted that I remain – I-Man asked him plainly – “Are you Detaining me or Am I Free to Go?

I-Man specifically asked this over and over to make sure he would have to lie in Court if he says I didn’t ask that all important question!

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If I&I don’t verbally ask if I can leave – your Babylon System will presume that I consented to whatever comes next, and that I-Man wanted to be there Cock Fighting with Officer 641 on the side of the road.

Police are authorized by pieces of paper – and by their guns – to ask questions, look inside windows they happen to pass, and walk or drive around in public.

However – without a warrant or any suspicion of illegal activity – your Officers have a limited amount of authority to demand compliance, search, or to detain people or their things.

Right Sarge?

Anything that a Policeman asks I and I to do before an arrest is “voluntary compliance” – so I and I kept repeating, “No, I don’t think I’d like to do that” when your Officer kept insisting that I-Man stay and answer his questions.

My Granny back home in Kingston used to beat it into my head – “Winston, Never Voluntarily Talk to the Police! Even if you know you are not are guilty of anything, it still isn’t a good idea because you never know how or where the conversation will end”.

Many “police harassment” cases begin with Police stopping people because they “look wrong” – then cops try to do what you Police call “fishing” – looking for a reason to arrest people when you didn’t have a reason to stop or search them in the 1st place.

Unfortunately, for the citizen – but not surprisingly – the System’s courts have not clearly established what Police can or cannot require from a person not suspected of criminal activity during a peaceful interaction or situation.

Everybody knows that some Cops are among the most dangerous people on the streets – so I and I pay full attention when talking with one of you.

My Granny always told me when I-Man was growing up – “Winston, don’t ever give them a chance to find anything out – Just Say No to Police.

Sarge, as you already know – one of a Policeman’s main powers is the ability to intimidate citizens into consensually waiving their rights.

I&I was trying to avoid a long and unpleasant interaction with your Patrol Officer on my one night off from work – but still – I-Man was very courteous and responsive in declining to participate in Officer 641’s ‘fishing expeditions’ into I&I’s travel itinerary and personal affairs.

Many Police honestly believe that they are making the world safer – by enforcing the will of a few people claiming to be in charge from a room far away – by policing the paper policies issued by “the Few” on the rest of the flesh-and-blood public.

In addition, Police are trained to use strength and force to get what those few people want everyone else to do, with fear and intimidation.

Police don’t have to read me my rights if I&I am not under arrest – so I-Man better know what my rights are. Police can briefly detain me for various purposes, but can’t hold me unless I-Man is under arrest.

At least you are not supposed to. Right Sarge?

Most people simply give in to Police ‘requests‘ because they don’t know they have the right to Just Say No.

Plus, a lot of you cops like to play word games and mind tricks too.

I-Man asked Officer 641 “Am I Free to Go?” – His reply “Not yet“.

I-Man asked Officer 641 “Am I under Arrest?” – His reply “Would I like to be?

I-Man would ask Officer 641 “Am I Free to Go or Am I under Arrest?” He claimed he didn’t hear that question because his radio was squawking…

Officer 641 asked if I-Man had any weapons or illegal drugs in the car but when I&I said “No“, he asked to check for himself – “Then you wouldn’t mind if I took a look in your trunk and glovebox.

I-Man asked him in return – “Is that a request or an order?” and “Am I a Suspect in a Crime?

He ignored my questions and kept asking to search my vehicle, with more and more authority in his voice.

He did not have reasonable suspicion of intoxication or other facts that could be used to formulate reasonable “articulable suspicion” or “probable cause” that I-Man had contraband or was is involved in a crime and I did not give him any reason to suspect me of criminal activity.

Refusal to allow a search is not probable cause, in fact, it is I-Man’s right under the 4th Amendment.

Police are famous for asking confusing questions and then claiming that they misunderstand your answer to mean whatever they want it to mean.

Isn’t that Not Right Sarge?

Instead of just giving him a simple Yes or No answer, I-Man told Officer 641 peacefully and clearly – “I do not consent to a warrantless search of my vehicle”.

For all the Public knows there is probably an unwritten quota system that rewards officers based on the number of Searches and Arrests.

Nuh true? Huh???

In dangerous or volatile situations, Police are understandably allowed to protect themselves from potentially dangerous people or situations, but that gives you wide latitude to do whatever you want, whenever you want – while telling us citizens to comply.

Next your Officer tried to trick I-Man into consenting – May he search my car?

I-Man reasonably told him – “I&I have been advised by an attorney never to consent to a search and would rather not let him search” – trying to give him the opportunity to back down gracefully.

It didn’t work.

Officer 641’s clever response was “Why, got something to hide”?

Several times I-Man told Officer 641 – I-Man did not have a weapon and that he would need a warrant if he wanted to search my car.

If he were obeying the law, he should have left I-Man alone.

 Just because I&I refused to be searched does not make me more “suspicious” or give him an excuse to search my property and belongings. Right Sarge?

Such an extended stop and roadside interrogation was not justified as I-Man did not match the description of a “Wanted” flyer – and especially as I-Man was not acting strange, or fearful, or making furtive movements.

By themselves – time of day and geographical surroundings are not sufficient to justify a search.

No” was my consistent reply – “I-Man will not consent to a search of my car without a warrant” – while keeping I&I’s movements slow, physically relaxed and plainly visible.

Then he tried to ask more forcefully first and then threatened to arrest me and take I-Man to the station.

When he said yes he was ordering me – I&I gently asked to avoid enraging him – “What law says that you can order me to do that?

You Do Not have My Permission to search Me or My Car or My Belongings“.

Of course, I-Man was very careful to move slowly – to defuse any tensions and seem peaceful.

Finally Officer 641 said that yes he was detaining me – he wanted to search my car.

I-Man said – “No, I have to go” – and he was supposed to let me go because he didn’t have specific and articulable facts that I-Man was involved in any criminal activity. Right?

He said if I didn’t open my trunk and let him search my car he could arrest me and search the car down here at the station – implying that if I&I cooperated he would go easier on me.

I-Man knew better than to think that more than a fractional minority of Police Officers would overlook anything illegal they found…

I-Man told Officer 641 that unless he is ordering me to allow a search of my vehicle – I&I refuse absolutely.

I asked him if he had observed something about my behavior or character that linked me with criminal activity – or – if he had specific and articulable facts supporting a suspicion that I-Man was involved in any such criminal activity, or if he was just detaining me on a hunch.

I have to admit that I-Man was surprised that my use of big words like “detention” and “specific and articulable facts” did not get Officer 641  to back off, because as you and I&I both know, most of his power – like yours – is based on Force, Intimidation and the Ignorance of the average citizen.

He should have known early out that I-Man was not one to be bullied out of my rights.

Instead, he then proceeded to harass me for a good part of the evening to accept a search – even ignoring I-Man when my final answer was still “No“.

I was at ease – trying to talk to the person behind the badge – but I-Man was not surprised when he started becoming irritated, angry, and belligerent when I very clearly said “No, Officer #641, I-Man would like to leave –  I do not consent to any warrantless searches of my Person, Papers or Portage!

Officer 641 did not respond but instead tried to force me out of car, so I-Man did not offer physical resistance, or cuss, or mouth off – fighting words are not protected free speech – I-Man did not want to be charged with verbal assault on an Officer either…

The moment Officer 641 pulled his gun – I-Man did what he said.

Even if he was making me do something through force, I-Man’s Constitutional Rights are less important than avoiding getting shot down in the street.

I&I remained calm – I can refuse to consent to a search, but, I-Man cannot physically stop him.

I-Man did not resist Officer 641 in any way –I did not argue or touch him or try to run away or complain or threaten him – every Citizen knows better than to do such things.

I-Man got out slowly in a calm, deliberate and reasonable manner – then politely and peacefully said – “I’m not doing this voluntarily, but under Protest and Duress, so if you search my car, without I-Man’s consent or without a warrant, I will file Federal criminal charges”.

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