Today, in class, we have more of a fun day. Instead of learning from slides, we learn a little bit about a chapter from a video. The video was about a lawyer from Nevada. He simply talked about the main rights to exercise when stopped by a police officer. The very first thing that was said about the video and what it pertained was that probationers and parolees couldn’t exercise these rights. Since they gave those rights away in order to be set free of jail or prison early. The next thing that the man spoke about was to comply with any officer you come across. Even if you know the police is breaking your rights, just do what the officer says for the time being. What is the point of getting yourself hurt or even, possibly, killed over trying to prove your point Instead, just follow the officers commands. The next acts are helping in dealing with the police, even when they are abusing their powers. Speaking of abusing their powers, a lot of people think that cops can’t lie to you. Like I tell all my friends, cops can lie to you if it is helping in their “investigation.” A good example of this is when two friends are in trouble for something, and the cop will lie and say that the other friend has ratted them out, and that it was their fault. Just so that person thinks that it’s over and tells the officer the true story. Just from lying and saying their friend said everything. So take what police say with a grain of salt. This is thanks to the Frazier v. Cupp case of 1969. Filming the police is legal in most states. Not all states, but in most you can. You can only film them, if they are in public, and doing their job. It is a freedom of press matter that has been confusing some states on what they should do. Which brings up another point. You should always record your police encounters! It is the best form of evidence, and can save your butt in court! Police tend to lie a lot on police reports. Heck, the lawyer talking about this, also had a case that has falsified by the officer and would’ve lost his law license. So always get someone to record. So what are the police allowed to do. With enough reasonable suspicion, they can detain you. With enough probable cause, they can search you. Although for this the police need facts. Hard cold facts that could be used in court, if need be. Now for traffic stops its a little bit different. You have to always produce your driver's license, proof of insurance, and registration at any traffic stop. Failure to produce any of this information, can be result in an arrest. If the police officer doesn’t feel safe with anyone in the car, they have the right to pull everyone out of the car. They can then search the car to the extent of arms reach. So no searching of the trunk is allowed. Also, you don’t have to answer questions that the officers ask. Keep in mind though, that once you answer one of their questions, they can hold you around just a little bit longer. Again, just to further their investigation. So if you don’t want to answer questions, then just don’t talk to the officer. Police cannot detain someone after their reasonable suspicion has been thrown out. It violates everything they have done or will do via the fruits of the poison tree. Police cannot hold your information to try and get information out of you. If they hold you too long than your 4th amendment right has been breached and you can just leave. Another thing, thanks to the Riley V. California case of 2014, police need a search warrant to go through your phone. In Nevada, ID is needed whenever you get stopped in a traffic stop. Other than that, you aren’t required to show any ID anywhere else. I think Illinois also does this. The last thing to talk about is police threatening business. They cannot do this as well. It goes against policy and is unjust. Police could just abuse their power so this is something that needed to be addressed to business owners. I thought this video did a great job explaining a lot of the basic rights citizens have but don’t know they can exercise to a cop. ^~^ Itis123
I thought that it was important that he mentioned the complying with the police officers because if someone causes a struggle then it just makes things worst for the person. -MickSwagger123
Yesterday in class was a pretty unique way to learn about the chapter. Instead of the professor going through slides and talking about the Police and the Law, he decided to give the whole class a real world take on the police and the law in the perspective of a non-policeman. This non-policeman was a defense attorney from the state of Nevada named Stubbs. Stubbs is the son of a Marine Veteran and he is proud of it. I thought that the video was a neat perspective because it was through a defense attorney's point of view, however this defense attorney had a habit of blaming all police officers and calling them corrupt because of the actions of the few truly corrupt. I thought that was a misguided approach to teaching the people in the seminar. Besides that, other than his musical approach and smart alack behavior, I thought that his seminar for the most part was actually decent. I did like how he was teaching the people about the laws and rights that they have the ability to use, because it teaches the people that nobody is above the law, and that is how it is supposed to be. Every man and woman in America are supposed to be treated the same and have basic rights that can act out. That is why I thought that it was awesome that one of Stubbs's first topics was that of the citizens' rights to film the procedures of the police officers. This gives the evidence of the events that took place in case something goes south or out of whack. Another thing that I liked that Stubbs was saying was what the police and citizens are allowed to say. For instance, the police are 100% legal to lie to citizens, but it is illegal for citizens are not allowed to lie to the police. With that in mind, Stubbs was talking about how in different circumstances the citizens only legally have to say their name and nothing else. This is a good thing and a bad thing. It is a good thing because it is the person's right to not have to speak, however it is a bad thing because if everybody followed this example it would be hard to solve any cases. Back to the musical example, I thought that was unnecessary and I feel that the defense attorney Stubbs did it in a mocking way. It was almost as if he would have done it just to mock the police officer that was dealing with him, although the police officer he was talking about did continually ask him the same repeated question. All in all, I thought that this video was good in that it taught what the citizens and the police are both legally allowed to do. -MickSwagger123
Yes this was a very unique way of teaching the class, but I feel it was a very good video that actually taught us what we needed to know and really opened not only mine, but probably the rest of the classes eyes. Our officers should treat everybody with the same respect, because if a citizen is stopped and treated with respect, they will also treat the officer with respect and will feel like the police have a reason to be there. They don’t think that the officers are only there for a certain race or a certain kind of people. I feel that the singing was a little over the top and it showed disrespect, and if he wants respect he should be showing respect to officers as well. Illini123
In the class on thursday instead of going off of slides for the chapter we watched a very interesting video. In the video a lawyer in Nevada was talking about the laws and the main right to exercise when a police officer stops you. A very interesting thing the lawyer talked about is you must obey and comply with an officer you come across. Even if you know they are not concerning the your rights you must still comply to them. In the video it said an officer can lie to you but, you can never lie to them or it can get you in serious trouble. To follow the officers command is the best possible outcome. The next thing I found interesting in the video is how he talked about that filming the cops is totally your right. Filming your police encounters can be useful in many ways. Yes not all states allow using the recording in court cause in some states it is illegal but, it most states is one hundred percent your right to record the encounter. Another thing that really caught my attention is knowing what cops are allowed to do. Knowing that if an officer has a reasonable suspicion they can detain you. With enough probable cause they can and will detain you and with enough probable cause they can search you and your vehicle. In the end the police are actually gonna need facts and hard evidence of what the probable cause was in the end but, at the meantime they can search or detain you if they have the reasonable suspicion. Going on further into the video he talked about traffic stops and what you have to do if you get stopped. For example say you get pulled over because you did not use your turn signal when you were switching lanes. When the cops comes to your car you must hand them your license, proof of insurance and registration during the traffic stop. If you can not hand any of these things over or provide any of the information can and will lead to an arrest. Another thing is if an officer does not feel safe around the other people that may be in your car they can ask them to get out of the car they, can also search the vehicle if they would like to. Searching the vehicle though is only if it is arms length in reach that means no searching the trunk or searching for further things. The finally thing about a traffic stops is it is your right not to answer any questions if don’t feel the need to. Police have no right to arrest someone if the probable cause is thrown out the window. If you keep in mind though if you decide to answer any questions a police officer can hold you as long as they want to. Willing to answer questions will be in the record that you were not forced to answer any of the questions an officer asked. To move along another thing that I learned was that a police officer cannot access your information in your phone without a warrant. I think that is great information to know because a cop could simply persuade you to hand over your phone willing but, you can preach your right and they may not look at it unless they have a warrant on hand. This makes people know that they are safe in a case because of these laws. To continue in the article we got in class it talks about the Miranda Laws. I read in the article that once you get detained you may ask to call your lawyer or have one appointed to you at any time. Meaning you do not have to answer any questions that are thrown your way. Also you have the right to remain silent you do not have to speak to anybody that is trying to get you to talk because, if you do that can be used against you in the court. So for example if you know you did not do anything wrong or even if you did just let them know that you will not be answering any questions unless your lawyer is present. Regardless of the nature and severity of the offense of which he or she is suspected or for which he or she was arrested. Just to know that under the 5th amendment it is your right. Overall I thought the video we watched in class did an excellent job explaining a lot of the basic rights we have as citizens and to know that we can exercise to an officer of the law. Smile123
IT was very interring to leaning how the laws are today . So in Nevada probation and parole have no right at all and I think that kind mess up for them. Basic at all time you got say Yes sir to everybody and I understand they are out but I don't think should treat them different. The next thing I thought was very surprised was if you lie to an cop you can go to jail for it, however if they lie to you about anything they get nothing . Something need be changed because if they lie to you should get something and just nothing a tall and that don't seem very fair at all. But one thing I really like about this video was he explain his rights of the laws. Something people want stand up for what they believe but however if you do that you will have to pay the price for stand up for what you believe. Another I like we have the right to filming police only if they are ding their job in but only 19 other states have these laws and the police can't do nothing about it. And you should always put them on video because than you would have proof of what you say. A lot times if he or she said now you have proof of it and now and when you get caught in a lie and what you going do than. I just don't like when anybody lie about something if you know you mess up and just mean up and say you mess up. Every person should be treat the same way not be treat different at all and when a officer pull you over they only can hold you for certain time and if they have nothing on you have to let you and that why I like that about this. Now talk about the miranda laws the six rules are evidence must have been gathered, must be testimonial., all the information have obtained while in custody, the interrogation have been conducted by state agents. Also you have the right to be quiet if you don't have to answer the question if you chose not to. Now you know some of the laws if you get pull over and because a lot times people be scared because not sure what you did wrong. -Panthers123
Panther1123, Your correct about knowing your rights in the state you live in. In Nevada, people on probation or parole still has to obey by saying "yes-sir or yes-ma'am". I thought it was wrong for a officer to lie but the United States Supreme court said, " police officers can lie and it is 100% constitutional." I listed out the 19 states that's been established in the 1st, 7th, 9th, and 11th circuits. Those states are Nevada, Montana, Idaho, Oregon, California, Alaska, Hawaii, Arizona, Alabama, Georgia, Florida, Illinois, Indiana, Wisconsin, Maine, New Hampshire, Massachusetts, and Rhode Island. But Pennsylvania said, “you don’t have the right to film officers.” We just need to be polite to the people that we have encounters with like the police. We need to know our right where we live so we can beware if we get pulled over by a cop. Softball123
The video that we had watched in class on Thursday was not only very interesting, but a great learning experience not only for me, but I feel like it was great for the whole class. The lawyer was very intelligent and knew exactly what he was talking about and had many things that Dr. White has said in many different classes. The video was a great opportunity to hear about the law not from an officers point of view, but from someone else who is in the criminal justice field. Many of the cases that were referenced in the video were based off of Supreme Court cases that not only affect the state of Nevada where this lawyer was from, but they also affect every state in the United States. What I thought was interesting from the video is that officers can lie to a citizen and it is 100% legal. If we want the public to see officers as being there for them they should not be allowed to lie. I know that there may be some instances where lying might be the best option, but in most cases lying should be the last resort. As young kids we are always taught that lying is bad and we should never do it, and we should hold our officers to a higher standard than our youths in the country. What he also stated is that the first thing to do when being stopped by an officer is grab a camera and film their encounter. I feel this is important, because not all officers have body cams or their dash cams might not be able to see the encounter with the subject, so having a camera from the subjects point of view will help with anything that may be in question if they decide to go to court. He also says to have others film not only the encounter, but film someone who might be filming the encounter, which I think is good because some individuals may be asked to turn off their cameras and they may not know the law, so having multiple people filming is great. If officers are doing their jobs correctly they should have no reason to fear a camera and what that camera will see. I also did not know that if you are stopped on the street or are the passenger in a vehicle you do not have to give identification if you are not being detained. I know this protects people individuals, but I feel that this is for the officers safety to know just exactly who they are dealing with and if this person is a dangerous individuals that may have a weapon and will do anything to get away from the cops. The lawyer also talked about police legitimacy, which is something that I have heard not only in this class, but in almost every criminal justice class. If people don’t feel that officers have a legit reason to be in there community, then what type of job have officers done in this world. Officers should be treating everybody with the same respect, even if they disagree with what they look like, or how they act. If you get an officer treating a certain race terribly, then it makes the whole police department look like they are all against that one race. If officers treat everybody with the same respect, then they will be getting that respect back and members of the community will have a legit reason for officers to be there. I feel like this video was an eye opening experience and taught the whole class a great lesson and taught us so much. Illini123
I agree completely that if officers are doing their job the correct way and doing it the way the job should be done that they don't need to fear the recordings of them performing their duties. But to me it just invokes the mistrust that the people have with our police departments nationwide. With people like this person in the video bashing the police and saying to record every encounter with the police no matter how big or how little record it, this just shows the mistrust and that no one believes that the police is legitimate anymore. Our police legitimacy right now nationwide I view to be at its lowest ever right now at this point mainly do to the media. The media portrays everything the police do as a negative thing and view the police as illegitimate. The things you never hear about in the media is when an officer saves someone from a drug overdose or the officer performs CPR to bring back a subject from near death or the time an officer has to deliver a baby on a traffic stop. The media doesn't show these positive things about the police because its not something the media thinks that we want to hear about. On a day to day basis we are bombarded with negative news that we have to dig through to find the roots of the story and pull the actual truth from it not all the junk we receive via the media. NDIrish123.
Some things I didn't like about this video is that the person giving the video seemed to have such a negative view on the police and really seemed to just bash them and tell the citizens on how to just make the police officers job much harder legally really. Yes it is your right to remain silent and not consent to any searches but in reality you are really just making the officers job much harder and really just making them mad to be honest. That is what I really didn't like about the video is he stated time and time again just for people to be there in silence essentially an I can understand why he would do this to an extent since he is a defense attorney. Another thing I really didn't like is that he said first thing for anyone who has contact with the police in any form is to start filming them. Yes this could be a good thing but it is just enforcing the idea to the public to not trust our police by doing this. With the recent turn of events in our country our police legitimacy has been on the decline with numerous shootings and mistreatment by the police mainly towards minorities. Some things I did find interesting in the video was that police have to have a search warrant to search through your phone. You can consent to it but it sounded the way he put it that even if an officer has probable cause to search your phone they can't unless armed with a search warrant for that specific phone. One thing I found to be really surprising that is still legal today is that it is totally legal for the police to lie to you threaten you and to trick you. Now to trick you the police are walking on a very thin line between tricking you and entrapment. I see why this was legal for interrogations in the older days as we see in movies. You see someone being interrogated and they play the good cop bad cop role and they sometimes even beat the subject and usually threaten them numerous times. This can be legal to some extent but then for the public to lie to you is illegal and an arrest able offense which also makes sense. This is a very confusing topic in which seems unfair to the public since they are limited on what they can do and say to the police. Police officers are citizens to that are there to enforce the law and yes some view themselves as god and seem to think that they can walk on water but once you start to get this mindset and begin to let your guard down, that is when the worst of the worst happens to you. This video overall was a really good video for us to watch and to learn from and I really enjoy watching videos and learning this type of way. It is always good to get the perspective of the police from someone else other than a police officer. Everyone views the police differently and they all have something different to say. All the way from the President to the prosecutor to the defense attorney to the police themselves and into the communities everyone has a different view and take on the police and the police legitimacy. In my opinion the most realistic view and the most important view of the police and police legitimacy is what the community feels and how they view the police. It doesn't matter how the President of the United States of America views it because it most likely won't have such a direct impact on you but the community has the biggest impact and the most engagement with the police department. And that is the view that can enact change and the is the view that matters the most because the communities is where they officers are on a day to day basis and if the community has bad views of the police or believes that the police aren't legitimate that is when bad things start to happen at a rapid pace that seems unstoppable. NDIrish123.
I definitely agree with what you are saying when you say that the guy was biased against police. I think that is true too and that he does not look favorably on police officers. There is a fine line between asserting your rights as a citizen to an officer who has gone too far and is trying to abuse power, and cooperating with a police officer during a normal stop and making things run smoothly. I think that a big part of the way he said things is because of him being an attorney. Attorney’s and cops seem to kind of be enemies even though they are both the “good” guys. Finding mistakes police officers make and getting his client off is his job as an attorney, and so that can make his behavior and tone of speech come out a little bit negative when it is related to the police. Wings123
I can see why you said that the defense attorney was a bashing the police and having a negative towards the police and I agree with you to an extent. I think that in some ways yes he doesn't favor the police but I think it was more so towards the police that would try to get away with anything they can just because they have a badge. Like we have learned about that unfortunately there are crooked cops out there that use their badge as a power tool instead of serving and protecting. But yes I have to agree with you to on how that it would just make the officer mad and his job harder by invoking your 5th Amendment, but as a citizen that is your legal right. Especially for the cops out there that just badgering people for no good reason, I thought this video gave good points and information on what are legally right to do as a citizen. You made some really good statements and points! Another thing I really liked that you pointed out at the end was the view on police officers especially in communities that the police officer are on day to day basis, that if the community had a negative views on police officers, bad things would start happening, because they are looking at them in every different way then being there to help serve and protect them!Motocross123
Being able to see this video in class was a really nice opportunity to be able to hear information again and let it sink in my and be refreshed in your mind. It is also nice to watch this video whether you are a criminal justice major or not to know your rights and what you can and cannot do when talking to a police officer and not get into any trouble. One thing that really stood out to me that I did not think was allowed anymore is that police are allowed to lie to you. I knew that at one time police officers were able to lie to you in order to get information from you or buy drugs etc. I thought I had remembered hearing though that the law was changed so that they no longer could but I guess I was wrong. I do not know how I feel about that knowing that they do not have to tell you the truth. Police departments in a lot of cities today are focusing on being a community policing department and restore the mutual trust and peaceful relationship the community have with the police. That is pretty hard to do when you know that in any encounter you have with a police officer that they could be lying to you, and that is completely okay. However, the moment that you lie to them it is against the law and you can be arrested. Knowing that police departments are trying to push for more of a community policing themed department can bring a peace of mind to people in the community though because they know that the chief is thinking about them in his decision making. Another thing that I found interesting was involved with the I.D. and when you do and do not have to give it to an officer. From the video it showed that in the state of Arizona specifically you only have to show a hard form of identification in two situations. The first situation is if you are the driver of a car and you get pulled over. If you are pulled over by an officer you are required to be able to produce you driver’s license, registration, and insurance. If you do not have one of those things you are able to be arrested right there. The other situation that you need to show physical identification is if you have a concealed carry license. Other than those two situations in the state of Arizona you only have to give the officer you legal name. This was something new that I learned from the video. I thought that whenever officers stopped you that they had the right to ask for you I.D. and that you needed to give it to them if you had it. This is something that I think does not really matter too much for a person to give to officer their I.D., but it is something that causes problems because officers try to get the I.D.’s from people but they do not want to show them because they do not have to. Then things become even trickier because police officers have discretion and they can ask for your I.D. if they have probable cause that you have, are, or are going to commit a crime and so what they see as probably cause may not always be as cut and dry for everyone. I was really curios as to what the laws were for this in relation to Illinois. I was pulled over for speeding one time and had other people in the car. The officer asked for both of their I.D.’s and they gave them to him but I wasn’t sure if they had to. The law from what I found is relatively the same as what it is in Arizona which I suspected a little bit from seeing that Illinois was also on the list of states with Arizona earlier in the video. Overall I think that this video was very beneficial to watch and was very educating for the laws that are used on us to keep crime to a minimum. Wings123
Part 1 In class on Thursday, we learned about your rights and police encounters. The video was interesting to watch. The video we watched had Mr. Stubbs speaking about your rights. He is an attorney in Nevada. He wants us to know our rights where we live. He said, “Nevada has some extra protections that are not in every state.” Nevada gives more protection than the constitution and they aren’t allowed to give less protection. Probationers and parolees are not in prison to exchange for their constitutional rights, but they must obey by “yes sir” until they are off probation or parole. The United States Supreme court said, “police officers can lie to the community.” You can’t lie to them. I believe that is wrong because a police officer and the person is human. As Stephen said, “police lying is 100% constitutional.” In Nevada, people have a 1st Amendment Freedom of Press right to film an officer. If the filming is happening on private property, the owner can legally stop you filming. There were 19 states that’s been established in the 1st,7th,9th, and 11th circuits. Those states are Nevada, Montana, Idaho, Oregon, California, Alaska, Hawaii, Arizona, Alabama, Georgia, Florida, Illinois, Indiana, Wisconsin, Maine, New Hampshire, Massachusetts, and Rhode Island. Pennsylvania said, “you don’t have the right to film officers.” You can film police if they are in public doing their inefficient duties. When you are in a police encounter, 1st thing you should film the officer. If you are with someone that is talking to the police officer, you should film your buddy from a safe distance. If you see someone filming an officer, you should film them. Police can do reasonable suspicion and have probable cause. Officers have different powers depending on what standers they have. They can have reasonable suspicion. This means they have a right to detain someone or something. Nevada has the NRS 171.123. The NRS 171.123 is “Peace officer with limited jurisdiction must notify primary law enforcement agency of commission of certain felonies; transfer of investigation to primary law enforcement agency.” -- Softball123
Part 2 The other standers that the officer has is probable cause. This means that the officer can arrest or have a search warrant. The officer must have reasonable beliefs of the person who has committed a crime. The officer needs specific and articulable facts. As Stephen said, “officers can demand for your license, insurance, and registration. They can ask you questions but you don’t have to answer. If they are afraid of anyone in the car, they can ask for everyone to get out of the car. Also, they can detain you for a reasonable amount of time.” You must beware for them to do this. If the person chooses to talk to the officer, they are consenting to the encounter and extending the time. One of the example of illegal seizures under the 4th amendment was Torres v. State of Nevada, 131 Nev., Advance Opinion 2 (2015). Officers said they could detain people for 60 minutes but that isn’t true. They only have a reasonable amount of time. As of June 25, 2014, police cannot access your phone without a warrant. For example, there was a case about this and the case was Riley v California, 573 US (2014). After this case police tries to get consent to access your phones. Do you have to show the officer an identification? Stephen said, “only if the person is driving a vehicle. (NRS 483.350).” Also, if the person is carrying a concealed carry, they must show the CCW ID (NRS 202.3667). How people properly handle general police encounter is filming the encounter, be polite, ask if you are being detained, invoke your rights, if they are keeping asking you, keep invoking your rights, and if you are tired of the officer speaking to you, invoke your 1st amendment right. People can properly handle a traffic stop is filming the encounter, be polite, give the officer the identification and insurance, if they ask you any questions, invoke your rights, if the traffic stop beyond routines say you want your lawyer, if they continue asking questions, invoke your rights again and also say your invoking your 1st amendment right. As he just saying in the video, “he just wants people to know their rights where they live and be polite to the officers if they are wrong.” -- Softball123
The video clip that we watched in class was a very interesting but also informational clip. One thing that I had found interesting that was said in the video clip was how whenever you have an encounter with the police you should film it or have your friend film it or even if it is your friend that is the one having the encounter, you should film it. I always thought that you weren't allowed to film the police encounters, I thought it was illegal. The video also gave a clear understanding what the officers has to do for reasonable suspicion. It said they can detain you until they figure out everything that they need, they have to give you facts they can't just go out on a hunch about it, and it has to be a reasonable time. I thought that all they had to say was that they had reasonable suspicion and could detain you for however long they want. Also he gave definition and examples for probable cause, which is stronger then reasonable suspicion and also they have to have reasonable belief that the person has committed a crime. Another thing I had learned and found interesting because I thought during a traffic stop you HAD to talk to the officer and answer any questions that he or she may ask you, but you don't. All you have to do is give proof of license, registration, and insurance. When you do answer their questions you are consenting to the encounter right then, you can't just bring up your rights later on to try and get out of it. I also didn't know that if the officer was afraid or feared for his life, that he can ask everyone to get out of the car, I thought there had to be more to it then just him or her being afraid. It is crazy to learn that legally yes the police can lie to you but you can't lie to the police. One of the cases that he had brought up in the video clip I found interesting also, it was the Torres V. State of Nevada, where the police officer confronted a "younger looking" man because he was holding alcohol, asked him for his identification but then once he showed proof that he was old enough to be drinking alcohol, the officer went ahead and did a search and he said that the officer can't do that, because it is violating the young man's 4th Amendment. Which the 4th Amendment is prohibits unreasonable searches and seizures. The officer also has to immediately give you back your identification and other papers if not that is also violating your 4th Amendment. Another thing I found interesting was the 60 minute rule, which isn't true, they have to make an arrest if they are reaching the 60 minutes, and if they do not, you can leave. I didn't realize that it just started 4 years ago that the police can't access your phone without a warrant, but of course they can lie to you and even try threatening you with an arrest just to get it. Only in a ordinary traffic stop is when you don't have the right to counsel but you do have the right to invoke your 5th Amendment when the officer starts asking questions. Then once you invoke your 5th Amendment and the officer keeps going with asking you questions you can say that you are invoking your 5th Amendment and your 1st Amendment. I thought the defense attorney was a bit harsh in some of his ways that he was explaining about the legal rights and the police officers but he made me want to learn more about the law and my rights as a citizen, and honestly I think that was his point in doing this seminar and making this video, was so people would be encourage to learn more about it. Because just like he said in the end of the video clip, how to handle police encounter, film it, be polite with the police officer because being mean and disrespectful doesn't help the situation, ask if being detained, then ask why, and know your rights so you can invoke them when necessary. Motocross123
I totally agree with you on detaining someone and the way that officers have to go about it. I had not idea that an office only had a set amount of time that they were allowed to detain someone for. I mean I knew they could not just hold someone for hours without explanation, but I definitely did not know that it was sixty minutes or less. This may be different in Illinois though, I honestly am not sure if Illinois differs much from Nevada in that sense. That being said, this video did make me want to brush up on the all of the laws in Illinois. Clearly, we are going to need to know all of them since we hope to be law enforcement at some point. That definitely was an eye opener in this video. It does go back to us needing to know our rights to be able to exercise them. We would need to go a step further and say that we need to know our rights to be able to enforce them. “Patriots123”
For our class on Thursday, we had a different change of pace when it came to the lecture as we watched a video of an attorney teach the class. It was an interesting change of pace as well as topic that was covered for over the class. The topic of police legitimacy has been one of the more popular topics in the United States over the last few decades, especially over the last few years. With the increased exposure thanks to technology, many of the controversial interactions police have been recorded with cell phone footage that will immediately make the front page. This has hurt the relationship between communities and police all over the country; and with the loss of trust in police, attorneys such as the one in the video stress to record any interactions you have with police. Like the professor says, 99% of police officers are good people who want to do the right thing and protect their communities. However there is that 1% that are not good people and will lie about things and abuse their power as a police officer. The 1% of police are the cops that make the front page news and make the rest of the 99% look badly. The attorney in the video acknowledged this and I was glad to see that he really emphasized if you are going to record your interactions or excercise your right not to answer any questions, you should be polite throughout the entire interaction. Being polite and showing respect to the officer during an interaction will help prevent a lot of the negative interactions that we see in the news so often. Something that I also found interesting in the video was that many of the laws he spoke about were directly related to the state of Nevada, and mentioned how each state will difer when it comes to filming the police. Nineteen states in the US say that filming police while in public performingofficial duties for the job is protected under the first amendment. The speaker in the video also did a good job of informing people of not only what we can do as citizens in interactions with police, but also what police can do in interactions with citizens. Police during a traffic stop can demand license, insurance, and registration. They are allowed to ask questions, while we are allowed to not answer those questions. If they feel you as a threat they can ask you to exit the vehicle, search you and your car, and also detain you for a reasonable amount of time. Police must follow the sixty minute rule where they cannot detain someone for more than sixty minutes. The video was very interesting and informative about educating people on the what they and police can do during an interaction.
It was very interesting watching the video in class. It was not just interesting, but a great learning experience for the whole class and me. Instead of class discussion, the class ends up watching a real-world take on talking about the Police and the Law. The video was an excellent opportunity to hear about the law not from an officer’s point of view, but from someone else who is a defense attorney from the state of Nevada. Attorney Stubbs is the son of a Marine Veteran, and he is very proud of it. It was fun watching because from the start of the video he kind of cool going kind of attorney; however, this defense attorney had a habit of blaming the police officers and calling them corrupt. I think it sort of misguided thing to say those words when teaching people in a seminar, especially when talking about “Know Your Rights Seminar: Police Encounters,” but at some point, I think it was decent with some musical approach. I did like how he was teaching the people about the laws and rights that they have and can be used because it shows people that nobody is above the law. Even he is only licensed to be an attorney in the state of Nevada, and he talked about cases from Supreme Court that affect every state in the United States. It was fascinating that in the United States, a different state has a different state law, but also every person in the United States have the constitutional rights that they can use in case of police encounters. What I like about this video seminar is that attorney Stubbs tell people what to do when it comes to a police encounter, because a lot of people did not know what to do when it comes to police encounters. The first thing he advises people when in, comes to such encounter is to start taking video, the rights of a citizen to film the procedures that the police officers are doing. You can video or film them as long as they are in public places, which is interesting because not all police officer has body cameras, and from some video that I saw, some police officers usually turn them off. In this case, the video can be evidence in court if something unexpected situation occurs. What very interesting to me about the video was knowing what a person can and cannot say? In this case, people cannot lie to the police officer when in question because it was illegal, but attorney Stubbs state that when it comes to police officers, they can lie to people and it was legal. I know that people lie for a reason, but in most cases, I believe lying should be the last resort. I did not know that when getting pulled over or with a passenger in a vehicle, you do not have to give identification if not being detained. I do understand what he means, but in this situation, I feel that it was for police officer safety too. They have to know the person they are dealing with because the person might be wanted or dangerous. A police officer can ask them to get out of the car and search the vehicle if needed and not the trunk. Addition to what I learn is the police officer cannot access your information on your phone without a warrant, which is great to know, because the cop can be persuasive. Another interesting was the Miranda Laws, which is very helpful when a person is in police custody. Knowing that they have the right to remain silent, anything they say can and will be used against them in a court of law, have the right to an attorney, and if you cannot afford an attorney, one will be appointed. In all, I thought the video did an excellent job explaining a lot of about the basic rights of a citizen and what kind of law can be exercised when it comes to police encounters. -Chopper123
The world of law enforcement can be a tricky place to be. Being a criminal justice student in hopes of someday being a police officer, I definitely watched this video in a different light than any regular citizen would. The man running the presentation started by stated that he a lawyer from Nevada and informed us of his legal background. He then stated this, “We need to know our rights to be able to exercise them.” This initial comment is one that I agree on, based upon both my criminal justice background and my life experience. By the tone of this man’s presentation, it was clear that he was not the biggest fan of law enforcement and police officers. Even though this was true, I tried not to let that cloud my thoughts about the information that he was presenting and tried to look at is more of an objective way. He went through a multitude of points, the first being filming police. He stated that it is our first amendment right to film the police, and that this is the first thing we should do when we encounter a police officer. He states that police can easily lie, but if something is filmed then the video will be able to tell the real truth. To an extent, I do agree with this. Video footage can incriminate or set someone free. For me personally, I would not choose to film the police. This is because I tend to have more of a trust for the officers or troopers that I come across, and do not feel the need to film them. I also strive to ensure that when or if I am stopped by the police, it will not be necessary to film them because they will not feel the need to lie to me either. I truly believe if both parties are honest, things will go much more smoothly than the ladder. Yes, there are going to be bad apples in the police department, but that does not mean that every officer is out there looking to lie to you. It will be my goal as an officer for the citizens to feel like I am being fair to them, and to not feel as if they need to film my every move. After covering the topic of filming the police, he then went into Constitutional encounters with the police. In this, he went over reasonable suspicion and when an officer is permitted to detain and individual. He then told us that in Nevada an office can detain someone for up to sixty minutes, and that anything after that is unlawful. This comment to make me realize that I have no idea about Illinois rules and regulations on this topic and many others, and it definitely makes me want to do more digging into what is allowed and what is not. I also found his description of what to do during a traffic stop interesting. I often think of it from the officer’s point of view, what they are thinking about when conducting a traffic stop, rather than the citizen. A lot of what he said was stuff that I was already aware of, like having to present your license and insurance. He then stated that an officer can ask questions, but it is your legal right not to answer them. He then stated that if you openly answer their questions, you are voluntarily extending your time spent with the officer. My thoughts behind this are, yes, it is your legal right not to answer the questions the officer asks, BUT there is no reason to be uncooperative with an officer unless there is clear reasoning behind it. My motto has always been, if I were to get pulled over than I probably did something to warrant it. You give yourself more of a chance to get out of a citation by being open and honest with an officer rather than being smart-aleck and telling them you will not answer their questions. AT the end of the day, whether an officer is good or bad, it is their jurisdiction to ticket me, and I would rather give them less of a reason to do so rather than more. “Patriots123”
Part one: In class last week we got to experience a different way of learning. Instead of our usual power point class or our verbal type of learning, we got to watch a video that taught us about the chapter we are learning. I really enjoyed this way because the video was based on Nevada state laws which made me question "what are the laws for that certain topic here in Illinois?" In this video Stephen Stubbs was the person talking about how we as citizens need to know our rights when it comes to encounters with the police. The first topic that Stephen talked about was how the police are allowed to lie to you. This was decided in the case Frazier v. Cupp on April 22, 1969. The next thing that he talked about that I found interesting was the topic of Filming Police. He stated that a clear law was established in the first, seventh, ninth, and the eleventh circuits which covers nineteen states. Those states are Nevada, Montana, Idaho, Oregon, California, Alaska, Hawaii, Arizona, Alabama, Georgia, Florida, Illinois, Indiana, Wisconsin, Maine, New Hampshire, Massachusetts, and Rhode Island. He also said in the seminar that most states usually except that same law. Why it's not a law in every state I'm not sure but if most states except it then why wouldn't they just make it a law to save the hassle? The catch that I think most people don't realize is that in order to film police they must be in public and performing official duties. Police have different powers based on their jurisdictions. For the most part being detained is under suspicion and the officer can only detain for a reasonable amount of time. Again for the most part when an officers arrests you are has a search warrant they are doing that under probable cause. Another topic that Stephen Stubbs brings up is about traffic stops. Police officers can demand to see you drivers license, registration, and insurance and you must provide that officer with the information. Stubbs also stated that if the officer feels afraid he may ask you to get out and can search your person. The police officer may also detain you as long as it is for a reasonable amount of time. If you choose to talk or answer any questions that the officer has you are consenting to extending the amount of time that the officer can have you detained. UofM123
Part two: The next big point that Stubbs had on his agenda was the 60 minute rule. This is the most misunderstood law. This law states that you can not detain someone for longer than 60 minutes. Most officers take this as they can detain up to 60 minutes and that is not what the law says. The law says a REASONABLE amount of time. A very interesting part of the law that he brought up was illegal seizures under the 4th amendment. Under this it states that and officer can not access your phone without a warrant. I think most people believe that if they ask for your phone you have to give it up. That is not true and I'm sure there are tons of people that don't know this. Stephen also brought up when you have to legally provide I.D. Now keep in mind that he is specifically talking about Nevada laws. You are only required to provide your I.D. when you are the driver of the vehicle and if you have a CCW and are carrying. A passenger does not have to provide their I.D. This is under the case Hiibel v. Sixth Judicial Court of Nevada from 2004. One of the last two points that was on Stephen's agenda was how to handle general police encounters. In this seminar, as much as he seems like he is against the police force, he mentions multiple times that you still need to be polite to any officer that you have an encounter with. Know your rights so that you can invoke those rights. The last main point was how to properly handle a traffic stop. You MUST give the officer that is pulling you over your license, registration, and insurance. Stubbs also states here that you have no 5th amendment ( right to counsel) during a traffic stop. It was very interesting to see the differences and similarities between Nevada and Illinois based on what I personally looked up after I watched this video. I would strongly agree with Stephen on the main fact that everyone should know their rights. UofM123
I liked how the lesson was taught more visually this time around. I also began to wonder what specific Illinois laws differed from Nevada's. Since every state has it's own issues. I feel more people need to be informed of their rights. I learned that IL is one of those states that allow recording of the police in public. I always wondering what exactly was the states view on recording, but now I know! I feel that the lawyer was telling all these people about these rights, just so they can know when they are being violated. Since some cops think that they are the law, or above it. Then again, some are just to forceful. The traffic stop laws make sense, and they are reasonable. Every state is different on I.D. laws so it's important to know your states viewing. I think if more people knew their rights, then we wouldn't have issues with rights being violated. ^~^ Itis123
In class instead of reading the book and going through slides we tried learning in a different way. Instead we watch kind of a podcast. It was called Know Your Rights Sumner Police Encounters. It mainly talked about how he or she should know their rights before having a encountering cops. That he or she would have a better way of protecting themselves and their rights if they know what rights they have. Many things were very interesting to me. In reality if a cop is wrong they are still right in their eyesight, but if one knows his or her rights then this is not true. The crazy part is cops hate when they get lied to because it wastes their time, yet they can lie to whoever they please. According to the supreme laws cops can lie to you, to get you to do or say what they want but one cannot do the same in return. If they find out he or she is lying he or she can spend six months in jail. One good way to protect yourself or others is to film everything. There was many cases involving this like the Fordyce v City of Seattle where they fought this. The 1st, 7th, 9th and 11th circuits laws established that if cops are in public performing official duties they can be recorded. If one notices someone else recording then he or she should record them recording and record what is happening that way it’s always proof and it cannot be covered up. Like the guy speaking in the video if someone had not recorded his encounter with the cops he could have went to jail and lost his right to practice law. He or she should be aware that they do not need to talk to the police at all, but the moment they do they have voluntarily given consent to carry on with the conversation without even saying yes. Another thing is if one gets pulled over and the cops asked for their licenses and registration he or she should give it up with no questions asked. It deletes conflict between the cops and themselves. If one does not have this on them though at the time of the traffic stop, one can spend up to 60 days in jail. It’s really not worth it at all so just do the right thing. If a cop stops you because o reasonable suspicion the cop can check you and ask for id, but the moment the reasonable suspicion is gone a cop has to give you back your i.d and can no longer search past what they stopped you for. All evidence afterwards will be thrown out. For example: if a cop stops he or she for what they believe is a gun, they can search you, but if that gun is no where on you they cannot keep checking you. If they happen to check you and find pot, they cannot arrest you, because it would waste time because the evidence will be thrown out.” People need to learn their rights The point of the video is to know your rights when dealing wiith cops because they will try to trick he or she. Take out phone and film, be polite,ask if he or she is being detained or not, do not consent to anything and ask for an attorney asap..(Equality 123)
In class, we watched a video on Police and the Law. It felt nice to get out of lectures and slide shows. It was a lawyer from Nevada explaining the police and the law. If you know the police is breaking your rights, just do what the officer says for the time being. Just do everything you can not to put yourself in harm’s way. Yes, police officers can and will lie to you to get you to do whatever they want to get you to do what they want and if it is helping their investigation. The lawyer said to always film everything, but you can only film them if they are in uniform and doing their job. If you have someone else in the car, get them to record the situation. Also, if the officer has enough good reasonable suspicion, they can detain you. They can ask you and everyone in the car to get out, but they can only search up to a wing span; that is also known as arms reach, so which means the trunk is off limits. ALWAYS have your drivers license, registration, and insurance on you while driving because if not, they can arrest you for not having the right documents on you. Also know that you do not have to answer their questions if you do not want to and the police cannot force you to answer either, but you must comply and obey with the officer you encounter. No officer can access your cell phone until they provide a warrant but can consent and will try to get you to consent. One thing that I was in the video that was very shocking was that, you could go to jail, but a cop can lie to you all they want, and it is okay. How is that fair? What a lot people found out from the video, which I already knew, but if the officer asks anyone of your passengers for their I.D., they do not have to give it to the officer. The lawyer also talked about police legitimacy, which is something that I have heard not only in this class, but in almost every criminal justice class. If people don’t feel that officers have a legit reason to be in their community, then what type of job have officers done in this world. The officer can detain you for sixty minutes anything after that is unlawful. Knowing that they have the right to remain silent, anything they say can and will be used against them in a court of law, have the right to an attorney, and if you cannot afford an attorney, one will be appointed. The video did a really good job of explain the difference between the police and the law. I really enjoyed watching it.
The warnings play a big role in any arrest. Some people don’t know their rights and some people do so that’s one easy step for the officers. The “You have the right to remain silent” is a big one. You don’t want to talk or say anything to the police that doesn’t need to be said. Just wait and see how everything plays out. “Anything you say may be use against you in the court of law”. You have to either have a lawyer or shut your mouth so you don’t say anything that can get you in trouble with the law. “You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future”. Stay to yourself, if you know your rights very good this doesn’t apply to you. Then there are many more, to get your understanding and let you know what to do. It gave an example, saying that the police are not required to advise the suspect that they can stop the interrogation to any time, that decision to exercise the right cannot be used against the suspect, or that they have a right to talk to a lawyer before being asked any questions. 2. The use of various U.S state jurisdictions is another interesting thing. It says that some jurisdiction provides the right of a juvenile to remain silent if their parent or guardian is not present. I feel like that is a good rule because kids can say anything that can harm them in anyway and they aren’t old enough to get a lawyer themselves, so waiting for their parents is the smart thing to so until they are able to so it themselves. In different departments like New Jersey, Nevada, Oklahoma, and Alaska they insist of providing man attorney by says “We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court”. Which I feel is a good thing because they are not responsible for you if you want to be honest. They can’t do anything for real. 3. There are six rules that have to be applied before applying Miranda. Rule number one, evidence must have been gathered. You must have some type of evidence before even doing anything. That’s the best thing to do when being an officer. Rule number two, the evidence must be testimonial. It says, for the purpose of the Fifth Amendment, testimonial statements mean communications that explicitly or implicitly relate a factual assertion or disclose information. The evidence has to be factual before doing anything. Rule number three, the evidence must have been obtained while the suspect was in custody. All the evidence should be when the suspect was in the process of being arrested not anything else. Rule number four, the evidence must have been the product of interrogation. A volunteered statement by a person in custody does not implicate Miranda. And there are many more about the Miranda evidence which important in a case because you have to have facts and know what your talking about before you just got an arrest someone. 4. With the waiver part of the paper I find it interesting because then the police can go in and request them to talk or try to get them to talk. They still have the right to be quiet if they want to but it says that they can say “Understanding each of these rights, do you now wish to speak to the police with out a lawyer being present”. It’s a smart move and it easy way to not get held up waiting for people and you can just write anything they have to say to you. 5. For the exceptions, the Miranda rule would apply unless the prosecution can establish that the statement falls within an exception to the Miranda rule. It says the three exceptions is, the routine booking question exception. Which I think its writing down everything that happen with the questioning. Number two is, the jail house informant exception and number three is, the public safety exception. All of it makes sense you just have to follow it the right way and do the right things to follow the Miranda rule. -Babyblue123
Today, in class, we have more of a fun day. Instead of learning from slides, we learn a little bit about a chapter from a video. The video was about a lawyer from Nevada. He simply talked about the main rights to exercise when stopped by a police officer. The very first thing that was said about the video and what it pertained was that probationers and parolees couldn’t exercise these rights. Since they gave those rights away in order to be set free of jail or prison early. The next thing that the man spoke about was to comply with any officer you come across. Even if you know the police is breaking your rights, just do what the officer says for the time being. What is the point of getting yourself hurt or even, possibly, killed over trying to prove your point Instead, just follow the officers commands. The next acts are helping in dealing with the police, even when they are abusing their powers. Speaking of abusing their powers, a lot of people think that cops can’t lie to you. Like I tell all my friends, cops can lie to you if it is helping in their “investigation.” A good example of this is when two friends are in trouble for something, and the cop will lie and say that the other friend has ratted them out, and that it was their fault. Just so that person thinks that it’s over and tells the officer the true story. Just from lying and saying their friend said everything. So take what police say with a grain of salt. This is thanks to the Frazier v. Cupp case of 1969. Filming the police is legal in most states. Not all states, but in most you can. You can only film them, if they are in public, and doing their job. It is a freedom of press matter that has been confusing some states on what they should do. Which brings up another point. You should always record your police encounters! It is the best form of evidence, and can save your butt in court! Police tend to lie a lot on police reports. Heck, the lawyer talking about this, also had a case that has falsified by the officer and would’ve lost his law license. So always get someone to record. So what are the police allowed to do. With enough reasonable suspicion, they can detain you. With enough probable cause, they can search you. Although for this the police need facts. Hard cold facts that could be used in court, if need be. Now for traffic stops its a little bit different. You have to always produce your driver's license, proof of insurance, and registration at any traffic stop. Failure to produce any of this information, can be result in an arrest. If the police officer doesn’t feel safe with anyone in the car, they have the right to pull everyone out of the car. They can then search the car to the extent of arms reach. So no searching of the trunk is allowed. Also, you don’t have to answer questions that the officers ask. Keep in mind though, that once you answer one of their questions, they can hold you around just a little bit longer. Again, just to further their investigation. So if you don’t want to answer questions, then just don’t talk to the officer. Police cannot detain someone after their reasonable suspicion has been thrown out. It violates everything they have done or will do via the fruits of the poison tree. Police cannot hold your information to try and get information out of you. If they hold you too long than your 4th amendment right has been breached and you can just leave. Another thing, thanks to the Riley V. California case of 2014, police need a search warrant to go through your phone. In Nevada, ID is needed whenever you get stopped in a traffic stop. Other than that, you aren’t required to show any ID anywhere else. I think Illinois also does this. The last thing to talk about is police threatening business. They cannot do this as well. It goes against policy and is unjust. Police could just abuse their power so this is something that needed to be addressed to business owners. I thought this video did a great job explaining a lot of the basic rights citizens have but don’t know they can exercise to a cop.
ReplyDelete^~^ Itis123
I thought that it was important that he mentioned the complying with the police officers because if someone causes a struggle then it just makes things worst for the person.
Delete-MickSwagger123
Yesterday in class was a pretty unique way to learn about the chapter. Instead of the professor going through slides and talking about the Police and the Law, he decided to give the whole class a real world take on the police and the law in the perspective of a non-policeman. This non-policeman was a defense attorney from the state of Nevada named Stubbs. Stubbs is the son of a Marine Veteran and he is proud of it. I thought that the video was a neat perspective because it was through a defense attorney's point of view, however this defense attorney had a habit of blaming all police officers and calling them corrupt because of the actions of the few truly corrupt. I thought that was a misguided approach to teaching the people in the seminar. Besides that, other than his musical approach and smart alack behavior, I thought that his seminar for the most part was actually decent. I did like how he was teaching the people about the laws and rights that they have the ability to use, because it teaches the people that nobody is above the law, and that is how it is supposed to be. Every man and woman in America are supposed to be treated the same and have basic rights that can act out. That is why I thought that it was awesome that one of Stubbs's first topics was that of the citizens' rights to film the procedures of the police officers. This gives the evidence of the events that took place in case something goes south or out of whack. Another thing that I liked that Stubbs was saying was what the police and citizens are allowed to say. For instance, the police are 100% legal to lie to citizens, but it is illegal for citizens are not allowed to lie to the police. With that in mind, Stubbs was talking about how in different circumstances the citizens only legally have to say their name and nothing else. This is a good thing and a bad thing. It is a good thing because it is the person's right to not have to speak, however it is a bad thing because if everybody followed this example it would be hard to solve any cases. Back to the musical example, I thought that was unnecessary and I feel that the defense attorney Stubbs did it in a mocking way. It was almost as if he would have done it just to mock the police officer that was dealing with him, although the police officer he was talking about did continually ask him the same repeated question. All in all, I thought that this video was good in that it taught what the citizens and the police are both legally allowed to do.
ReplyDelete-MickSwagger123
Yes this was a very unique way of teaching the class, but I feel it was a very good video that actually taught us what we needed to know and really opened not only mine, but probably the rest of the classes eyes. Our officers should treat everybody with the same respect, because if a citizen is stopped and treated with respect, they will also treat the officer with respect and will feel like the police have a reason to be there. They don’t think that the officers are only there for a certain race or a certain kind of people. I feel that the singing was a little over the top and it showed disrespect, and if he wants respect he should be showing respect to officers as well.
DeleteIllini123
In the class on thursday instead of going off of slides for the chapter we watched a very interesting video. In the video a lawyer in Nevada was talking about the laws and the main right to exercise when a police officer stops you. A very interesting thing the lawyer talked about is you must obey and comply with an officer you come across. Even if you know they are not concerning the your rights you must still comply to them. In the video it said an officer can lie to you but, you can never lie to them or it can get you in serious trouble. To follow the officers command is the best possible outcome. The next thing I found interesting in the video is how he talked about that filming the cops is totally your right. Filming your police encounters can be useful in many ways. Yes not all states allow using the recording in court cause in some states it is illegal but, it most states is one hundred percent your right to record the encounter. Another thing that really caught my attention is knowing what cops are allowed to do. Knowing that if an officer has a reasonable suspicion they can detain you. With enough probable cause they can and will detain you and with enough probable cause they can search you and your vehicle. In the end the police are actually gonna need facts and hard evidence of what the probable cause was in the end but, at the meantime they can search or detain you if they have the reasonable suspicion. Going on further into the video he talked about traffic stops and what you have to do if you get stopped. For example say you get pulled over because you did not use your turn signal when you were switching lanes. When the cops comes to your car you must hand them your license, proof of insurance and registration during the traffic stop. If you can not hand any of these things over or provide any of the information can and will lead to an arrest. Another thing is if an officer does not feel safe around the other people that may be in your car they can ask them to get out of the car they, can also search the vehicle if they would like to. Searching the vehicle though is only if it is arms length in reach that means no searching the trunk or searching for further things. The finally thing about a traffic stops is it is your right not to answer any questions if don’t feel the need to. Police have no right to arrest someone if the probable cause is thrown out the window. If you keep in mind though if you decide to answer any questions a police officer can hold you as long as they want to. Willing to answer questions will be in the record that you were not forced to answer any of the questions an officer asked. To move along another thing that I learned was that a police officer cannot access your information in your phone without a warrant. I think that is great information to know because a cop could simply persuade you to hand over your phone willing but, you can preach your right and they may not look at it unless they have a warrant on hand. This makes people know that they are safe in a case because of these laws. To continue in the article we got in class it talks about the Miranda Laws. I read in the article that once you get detained you may ask to call your lawyer or have one appointed to you at any time. Meaning you do not have to answer any questions that are thrown your way. Also you have the right to remain silent you do not have to speak to anybody that is trying to get you to talk because, if you do that can be used against you in the court. So for example if you know you did not do anything wrong or even if you did just let them know that you will not be answering any questions unless your lawyer is present. Regardless of the nature and severity of the offense of which he or she is suspected or for which he or she was arrested. Just to know that under the 5th amendment it is your right. Overall I thought the video we watched in class did an excellent job explaining a lot of the basic rights we have as citizens and to know that we can exercise to an officer of the law. Smile123
ReplyDeleteIT was very interring to leaning how the laws are today . So in Nevada probation and parole have no right at all and I think that kind mess up for them. Basic at all time you got say Yes sir to everybody and I understand they are out but I don't think should treat them different. The next thing I thought was very surprised was if you lie to an cop you can go to jail for it, however if they lie to you about anything they get nothing . Something need be changed because if they lie to you should get something and just nothing a tall and that don't seem very fair at all. But one thing I really like about this video was he explain his rights of the laws. Something people want stand up for what they believe but however if you do that you will have to pay the price for stand up for what you believe. Another I like we have the right to filming police only if they are ding their job in but only 19 other states have these laws and the police can't do nothing about it. And you should always put them on video because than you would have proof of what you say. A lot times if he or she said now you have proof of it and now and when you get caught in a lie and what you going do than. I just don't like when anybody lie about something if you know you mess up and just mean up and say you mess up. Every person should be treat the same way not be treat different at all and when a officer pull you over they only can hold you for certain time and if they have nothing on you have to let you and that why I like that about this. Now talk about the miranda laws the six rules are evidence must have been gathered, must be testimonial., all the information have obtained while in custody, the interrogation have been conducted by state agents. Also you have the right to be quiet if you don't have to answer the question if you chose not to. Now you know some of the laws if you get pull over and because a lot times people be scared because not sure what you did wrong.
ReplyDelete-Panthers123
Panther1123,
DeleteYour correct about knowing your rights in the state you live in. In Nevada, people on probation or parole still has to obey by saying "yes-sir or yes-ma'am". I thought it was wrong for a officer to lie but the United States Supreme court said, " police officers can lie and it is 100% constitutional." I listed out the 19 states that's been established in the 1st, 7th, 9th, and 11th circuits. Those states are Nevada, Montana, Idaho, Oregon, California, Alaska, Hawaii, Arizona, Alabama, Georgia, Florida, Illinois, Indiana, Wisconsin, Maine, New Hampshire, Massachusetts, and Rhode Island. But Pennsylvania said, “you don’t have the right to film officers.” We just need to be polite to the people that we have encounters with like the police. We need to know our right where we live so we can beware if we get pulled over by a cop. Softball123
The video that we had watched in class on Thursday was not only very interesting, but a great learning experience not only for me, but I feel like it was great for the whole class. The lawyer was very intelligent and knew exactly what he was talking about and had many things that Dr. White has said in many different classes. The video was a great opportunity to hear about the law not from an officers point of view, but from someone else who is in the criminal justice field. Many of the cases that were referenced in the video were based off of Supreme Court cases that not only affect the state of Nevada where this lawyer was from, but they also affect every state in the United States. What I thought was interesting from the video is that officers can lie to a citizen and it is 100% legal. If we want the public to see officers as being there for them they should not be allowed to lie. I know that there may be some instances where lying might be the best option, but in most cases lying should be the last resort. As young kids we are always taught that lying is bad and we should never do it, and we should hold our officers to a higher standard than our youths in the country. What he also stated is that the first thing to do when being stopped by an officer is grab a camera and film their encounter. I feel this is important, because not all officers have body cams or their dash cams might not be able to see the encounter with the subject, so having a camera from the subjects point of view will help with anything that may be in question if they decide to go to court. He also says to have others film not only the encounter, but film someone who might be filming the encounter, which I think is good because some individuals may be asked to turn off their cameras and they may not know the law, so having multiple people filming is great. If officers are doing their jobs correctly they should have no reason to fear a camera and what that camera will see. I also did not know that if you are stopped on the street or are the passenger in a vehicle you do not have to give identification if you are not being detained. I know this protects people individuals, but I feel that this is for the officers safety to know just exactly who they are dealing with and if this person is a dangerous individuals that may have a weapon and will do anything to get away from the cops. The lawyer also talked about police legitimacy, which is something that I have heard not only in this class, but in almost every criminal justice class. If people don’t feel that officers have a legit reason to be in there community, then what type of job have officers done in this world. Officers should be treating everybody with the same respect, even if they disagree with what they look like, or how they act. If you get an officer treating a certain race terribly, then it makes the whole police department look like they are all against that one race. If officers treat everybody with the same respect, then they will be getting that respect back and members of the community will have a legit reason for officers to be there. I feel like this video was an eye opening experience and taught the whole class a great lesson and taught us so much.
ReplyDeleteIllini123
I agree completely that if officers are doing their job the correct way and doing it the way the job should be done that they don't need to fear the recordings of them performing their duties. But to me it just invokes the mistrust that the people have with our police departments nationwide. With people like this person in the video bashing the police and saying to record every encounter with the police no matter how big or how little record it, this just shows the mistrust and that no one believes that the police is legitimate anymore. Our police legitimacy right now nationwide I view to be at its lowest ever right now at this point mainly do to the media. The media portrays everything the police do as a negative thing and view the police as illegitimate. The things you never hear about in the media is when an officer saves someone from a drug overdose or the officer performs CPR to bring back a subject from near death or the time an officer has to deliver a baby on a traffic stop. The media doesn't show these positive things about the police because its not something the media thinks that we want to hear about. On a day to day basis we are bombarded with negative news that we have to dig through to find the roots of the story and pull the actual truth from it not all the junk we receive via the media. NDIrish123.
DeleteSome things I didn't like about this video is that the person giving the video seemed to have such a negative view on the police and really seemed to just bash them and tell the citizens on how to just make the police officers job much harder legally really. Yes it is your right to remain silent and not consent to any searches but in reality you are really just making the officers job much harder and really just making them mad to be honest. That is what I really didn't like about the video is he stated time and time again just for people to be there in silence essentially an I can understand why he would do this to an extent since he is a defense attorney. Another thing I really didn't like is that he said first thing for anyone who has contact with the police in any form is to start filming them. Yes this could be a good thing but it is just enforcing the idea to the public to not trust our police by doing this. With the recent turn of events in our country our police legitimacy has been on the decline with numerous shootings and mistreatment by the police mainly towards minorities. Some things I did find interesting in the video was that police have to have a search warrant to search through your phone. You can consent to it but it sounded the way he put it that even if an officer has probable cause to search your phone they can't unless armed with a search warrant for that specific phone. One thing I found to be really surprising that is still legal today is that it is totally legal for the police to lie to you threaten you and to trick you. Now to trick you the police are walking on a very thin line between tricking you and entrapment. I see why this was legal for interrogations in the older days as we see in movies. You see someone being interrogated and they play the good cop bad cop role and they sometimes even beat the subject and usually threaten them numerous times. This can be legal to some extent but then for the public to lie to you is illegal and an arrest able offense which also makes sense. This is a very confusing topic in which seems unfair to the public since they are limited on what they can do and say to the police. Police officers are citizens to that are there to enforce the law and yes some view themselves as god and seem to think that they can walk on water but once you start to get this mindset and begin to let your guard down, that is when the worst of the worst happens to you. This video overall was a really good video for us to watch and to learn from and I really enjoy watching videos and learning this type of way. It is always good to get the perspective of the police from someone else other than a police officer. Everyone views the police differently and they all have something different to say. All the way from the President to the prosecutor to the defense attorney to the police themselves and into the communities everyone has a different view and take on the police and the police legitimacy. In my opinion the most realistic view and the most important view of the police and police legitimacy is what the community feels and how they view the police. It doesn't matter how the President of the United States of America views it because it most likely won't have such a direct impact on you but the community has the biggest impact and the most engagement with the police department. And that is the view that can enact change and the is the view that matters the most because the communities is where they officers are on a day to day basis and if the community has bad views of the police or believes that the police aren't legitimate that is when bad things start to happen at a rapid pace that seems unstoppable. NDIrish123.
ReplyDeleteI definitely agree with what you are saying when you say that the guy was biased against police. I think that is true too and that he does not look favorably on police officers. There is a fine line between asserting your rights as a citizen to an officer who has gone too far and is trying to abuse power, and cooperating with a police officer during a normal stop and making things run smoothly. I think that a big part of the way he said things is because of him being an attorney. Attorney’s and cops seem to kind of be enemies even though they are both the “good” guys. Finding mistakes police officers make and getting his client off is his job as an attorney, and so that can make his behavior and tone of speech come out a little bit negative when it is related to the police. Wings123
DeleteI can see why you said that the defense attorney was a bashing the police and having a negative towards the police and I agree with you to an extent. I think that in some ways yes he doesn't favor the police but I think it was more so towards the police that would try to get away with anything they can just because they have a badge. Like we have learned about that unfortunately there are crooked cops out there that use their badge as a power tool instead of serving and protecting. But yes I have to agree with you to on how that it would just make the officer mad and his job harder by invoking your 5th Amendment, but as a citizen that is your legal right. Especially for the cops out there that just badgering people for no good reason, I thought this video gave good points and information on what are legally right to do as a citizen. You made some really good statements and points! Another thing I really liked that you pointed out at the end was the view on police officers especially in communities that the police officer are on day to day basis, that if the community had a negative views on police officers, bad things would start happening, because they are looking at them in every different way then being there to help serve and protect them!Motocross123
DeleteBeing able to see this video in class was a really nice opportunity to be able to hear information again and let it sink in my and be refreshed in your mind. It is also nice to watch this video whether you are a criminal justice major or not to know your rights and what you can and cannot do when talking to a police officer and not get into any trouble. One thing that really stood out to me that I did not think was allowed anymore is that police are allowed to lie to you. I knew that at one time police officers were able to lie to you in order to get information from you or buy drugs etc. I thought I had remembered hearing though that the law was changed so that they no longer could but I guess I was wrong. I do not know how I feel about that knowing that they do not have to tell you the truth. Police departments in a lot of cities today are focusing on being a community policing department and restore the mutual trust and peaceful relationship the community have with the police. That is pretty hard to do when you know that in any encounter you have with a police officer that they could be lying to you, and that is completely okay. However, the moment that you lie to them it is against the law and you can be arrested. Knowing that police departments are trying to push for more of a community policing themed department can bring a peace of mind to people in the community though because they know that the chief is thinking about them in his decision making. Another thing that I found interesting was involved with the I.D. and when you do and do not have to give it to an officer. From the video it showed that in the state of Arizona specifically you only have to show a hard form of identification in two situations. The first situation is if you are the driver of a car and you get pulled over. If you are pulled over by an officer you are required to be able to produce you driver’s license, registration, and insurance. If you do not have one of those things you are able to be arrested right there. The other situation that you need to show physical identification is if you have a concealed carry license. Other than those two situations in the state of Arizona you only have to give the officer you legal name. This was something new that I learned from the video. I thought that whenever officers stopped you that they had the right to ask for you I.D. and that you needed to give it to them if you had it. This is something that I think does not really matter too much for a person to give to officer their I.D., but it is something that causes problems because officers try to get the I.D.’s from people but they do not want to show them because they do not have to. Then things become even trickier because police officers have discretion and they can ask for your I.D. if they have probable cause that you have, are, or are going to commit a crime and so what they see as probably cause may not always be as cut and dry for everyone. I was really curios as to what the laws were for this in relation to Illinois. I was pulled over for speeding one time and had other people in the car. The officer asked for both of their I.D.’s and they gave them to him but I wasn’t sure if they had to. The law from what I found is relatively the same as what it is in Arizona which I suspected a little bit from seeing that Illinois was also on the list of states with Arizona earlier in the video. Overall I think that this video was very beneficial to watch and was very educating for the laws that are used on us to keep crime to a minimum. Wings123
ReplyDeletePart 1
ReplyDeleteIn class on Thursday, we learned about your rights and police encounters. The video was interesting to watch. The video we watched had Mr. Stubbs speaking about your rights. He is an attorney in Nevada. He wants us to know our rights where we live. He said, “Nevada has some extra protections that are not in every state.” Nevada gives more protection than the constitution and they aren’t allowed to give less protection. Probationers and parolees are not in prison to exchange for their constitutional rights, but they must obey by “yes sir” until they are off probation or parole. The United States Supreme court said, “police officers can lie to the community.” You can’t lie to them. I believe that is wrong because a police officer and the person is human. As Stephen said, “police lying is 100% constitutional.” In Nevada, people have a 1st Amendment Freedom of Press right to film an officer. If the filming is happening on private property, the owner can legally stop you filming. There were 19 states that’s been established in the 1st,7th,9th, and 11th circuits. Those states are Nevada, Montana, Idaho, Oregon, California, Alaska, Hawaii, Arizona, Alabama, Georgia, Florida, Illinois, Indiana, Wisconsin, Maine, New Hampshire, Massachusetts, and Rhode Island. Pennsylvania said, “you don’t have the right to film officers.” You can film police if they are in public doing their inefficient duties. When you are in a police encounter, 1st thing you should film the officer. If you are with someone that is talking to the police officer, you should film your buddy from a safe distance. If you see someone filming an officer, you should film them. Police can do reasonable suspicion and have probable cause. Officers have different powers depending on what standers they have. They can have reasonable suspicion. This means they have a right to detain someone or something. Nevada has the NRS 171.123. The NRS 171.123 is “Peace officer with limited jurisdiction must notify primary law enforcement agency of commission of certain felonies; transfer of investigation to primary law enforcement agency.” -- Softball123
Part 2
DeleteThe other standers that the officer has is probable cause. This means that the officer can arrest or have a search warrant. The officer must have reasonable beliefs of the person who has committed a crime. The officer needs specific and articulable facts. As Stephen said, “officers can demand for your license, insurance, and registration. They can ask you questions but you don’t have to answer. If they are afraid of anyone in the car, they can ask for everyone to get out of the car. Also, they can detain you for a reasonable amount of time.” You must beware for them to do this. If the person chooses to talk to the officer, they are consenting to the encounter and extending the time. One of the example of illegal seizures under the 4th amendment was Torres v. State of Nevada, 131 Nev., Advance Opinion 2 (2015). Officers said they could detain people for 60 minutes but that isn’t true. They only have a reasonable amount of time. As of June 25, 2014, police cannot access your phone without a warrant. For example, there was a case about this and the case was Riley v California, 573 US (2014). After this case police tries to get consent to access your phones. Do you have to show the officer an identification? Stephen said, “only if the person is driving a vehicle. (NRS 483.350).” Also, if the person is carrying a concealed carry, they must show the CCW ID (NRS 202.3667). How people properly handle general police encounter is filming the encounter, be polite, ask if you are being detained, invoke your rights, if they are keeping asking you, keep invoking your rights, and if you are tired of the officer speaking to you, invoke your 1st amendment right. People can properly handle a traffic stop is filming the encounter, be polite, give the officer the identification and insurance, if they ask you any questions, invoke your rights, if the traffic stop beyond routines say you want your lawyer, if they continue asking questions, invoke your rights again and also say your invoking your 1st amendment right. As he just saying in the video, “he just wants people to know their rights where they live and be polite to the officers if they are wrong.” -- Softball123
The video clip that we watched in class was a very interesting but also informational clip. One thing that I had found interesting that was said in the video clip was how whenever you have an encounter with the police you should film it or have your friend film it or even if it is your friend that is the one having the encounter, you should film it. I always thought that you weren't allowed to film the police encounters, I thought it was illegal. The video also gave a clear understanding what the officers has to do for reasonable suspicion. It said they can detain you until they figure out everything that they need, they have to give you facts they can't just go out on a hunch about it, and it has to be a reasonable time. I thought that all they had to say was that they had reasonable suspicion and could detain you for however long they want. Also he gave definition and examples for probable cause, which is stronger then reasonable suspicion and also they have to have reasonable belief that the person has committed a crime. Another thing I had learned and found interesting because I thought during a traffic stop you HAD to talk to the officer and answer any questions that he or she may ask you, but you don't. All you have to do is give proof of license, registration, and insurance. When you do answer their questions you are consenting to the encounter right then, you can't just bring up your rights later on to try and get out of it. I also didn't know that if the officer was afraid or feared for his life, that he can ask everyone to get out of the car, I thought there had to be more to it then just him or her being afraid. It is crazy to learn that legally yes the police can lie to you but you can't lie to the police. One of the cases that he had brought up in the video clip I found interesting also, it was the Torres V. State of Nevada, where the police officer confronted a "younger looking" man because he was holding alcohol, asked him for his identification but then once he showed proof that he was old enough to be drinking alcohol, the officer went ahead and did a search and he said that the officer can't do that, because it is violating the young man's 4th Amendment. Which the 4th Amendment is prohibits unreasonable searches and seizures. The officer also has to immediately give you back your identification and other papers if not that is also violating your 4th Amendment. Another thing I found interesting was the 60 minute rule, which isn't true, they have to make an arrest if they are reaching the 60 minutes, and if they do not, you can leave. I didn't realize that it just started 4 years ago that the police can't access your phone without a warrant, but of course they can lie to you and even try threatening you with an arrest just to get it. Only in a ordinary traffic stop is when you don't have the right to counsel but you do have the right to invoke your 5th Amendment when the officer starts asking questions. Then once you invoke your 5th Amendment and the officer keeps going with asking you questions you can say that you are invoking your 5th Amendment and your 1st Amendment. I thought the defense attorney was a bit harsh in some of his ways that he was explaining about the legal rights and the police officers but he made me want to learn more about the law and my rights as a citizen, and honestly I think that was his point in doing this seminar and making this video, was so people would be encourage to learn more about it. Because just like he said in the end of the video clip, how to handle police encounter, film it, be polite with the police officer because being mean and disrespectful doesn't help the situation, ask if being detained, then ask why, and know your rights so you can invoke them when necessary. Motocross123
ReplyDeleteI totally agree with you on detaining someone and the way that officers have to go about it. I had not idea that an office only had a set amount of time that they were allowed to detain someone for. I mean I knew they could not just hold someone for hours without explanation, but I definitely did not know that it was sixty minutes or less. This may be different in Illinois though, I honestly am not sure if Illinois differs much from Nevada in that sense. That being said, this video did make me want to brush up on the all of the laws in Illinois. Clearly, we are going to need to know all of them since we hope to be law enforcement at some point. That definitely was an eye opener in this video. It does go back to us needing to know our rights to be able to exercise them. We would need to go a step further and say that we need to know our rights to be able to enforce them. “Patriots123”
DeleteFor our class on Thursday, we had a different change of pace when it came to the lecture as we watched a video of an attorney teach the class. It was an interesting change of pace as well as topic that was covered for over the class. The topic of police legitimacy has been one of the more popular topics in the United States over the last few decades, especially over the last few years. With the increased exposure thanks to technology, many of the controversial interactions police have been recorded with cell phone footage that will immediately make the front page. This has hurt the relationship between communities and police all over the country; and with the loss of trust in police, attorneys such as the one in the video stress to record any interactions you have with police. Like the professor says, 99% of police officers are good people who want to do the right thing and protect their communities. However there is that 1% that are not good people and will lie about things and abuse their power as a police officer. The 1% of police are the cops that make the front page news and make the rest of the 99% look badly. The attorney in the video acknowledged this and I was glad to see that he really emphasized if you are going to record your interactions or excercise your right not to answer any questions, you should be polite throughout the entire interaction. Being polite and showing respect to the officer during an interaction will help prevent a lot of the negative interactions that we see in the news so often. Something that I also found interesting in the video was that many of the laws he spoke about were directly related to the state of Nevada, and mentioned how each state will difer when it comes to filming the police. Nineteen states in the US say that filming police while in public performingofficial duties for the job is protected under the first amendment. The speaker in the video also did a good job of informing people of not only what we can do as citizens in interactions with police, but also what police can do in interactions with citizens. Police during a traffic stop can demand license, insurance, and registration. They are allowed to ask questions, while we are allowed to not answer those questions. If they feel you as a threat they can ask you to exit the vehicle, search you and your car, and also detain you for a reasonable amount of time. Police must follow the sixty minute rule where they cannot detain someone for more than sixty minutes. The video was very interesting and informative about educating people on the what they and police can do during an interaction.
ReplyDeleteDaBears123
It was very interesting watching the video in class. It was not just interesting, but a great learning experience for the whole class and me. Instead of class discussion, the class ends up watching a real-world take on talking about the Police and the Law. The video was an excellent opportunity to hear about the law not from an officer’s point of view, but from someone else who is a defense attorney from the state of Nevada. Attorney Stubbs is the son of a Marine Veteran, and he is very proud of it. It was fun watching because from the start of the video he kind of cool going kind of attorney; however, this defense attorney had a habit of blaming the police officers and calling them corrupt. I think it sort of misguided thing to say those words when teaching people in a seminar, especially when talking about “Know Your Rights Seminar: Police Encounters,” but at some point, I think it was decent with some musical approach. I did like how he was teaching the people about the laws and rights that they have and can be used because it shows people that nobody is above the law. Even he is only licensed to be an attorney in the state of Nevada, and he talked about cases from Supreme Court that affect every state in the United States. It was fascinating that in the United States, a different state has a different state law, but also every person in the United States have the constitutional rights that they can use in case of police encounters. What I like about this video seminar is that attorney Stubbs tell people what to do when it comes to a police encounter, because a lot of people did not know what to do when it comes to police encounters. The first thing he advises people when in, comes to such encounter is to start taking video, the rights of a citizen to film the procedures that the police officers are doing. You can video or film them as long as they are in public places, which is interesting because not all police officer has body cameras, and from some video that I saw, some police officers usually turn them off. In this case, the video can be evidence in court if something unexpected situation occurs. What very interesting to me about the video was knowing what a person can and cannot say? In this case, people cannot lie to the police officer when in question because it was illegal, but attorney Stubbs state that when it comes to police officers, they can lie to people and it was legal. I know that people lie for a reason, but in most cases, I believe lying should be the last resort. I did not know that when getting pulled over or with a passenger in a vehicle, you do not have to give identification if not being detained. I do understand what he means, but in this situation, I feel that it was for police officer safety too. They have to know the person they are dealing with because the person might be wanted or dangerous. A police officer can ask them to get out of the car and search the vehicle if needed and not the trunk. Addition to what I learn is the police officer cannot access your information on your phone without a warrant, which is great to know, because the cop can be persuasive. Another interesting was the Miranda Laws, which is very helpful when a person is in police custody. Knowing that they have the right to remain silent, anything they say can and will be used against them in a court of law, have the right to an attorney, and if you cannot afford an attorney, one will be appointed. In all, I thought the video did an excellent job explaining a lot of about the basic rights of a citizen and what kind of law can be exercised when it comes to police encounters. -Chopper123
ReplyDeleteThe world of law enforcement can be a tricky place to be. Being a criminal justice student in hopes of someday being a police officer, I definitely watched this video in a different light than any regular citizen would. The man running the presentation started by stated that he a lawyer from Nevada and informed us of his legal background. He then stated this, “We need to know our rights to be able to exercise them.” This initial comment is one that I agree on, based upon both my criminal justice background and my life experience. By the tone of this man’s presentation, it was clear that he was not the biggest fan of law enforcement and police officers. Even though this was true, I tried not to let that cloud my thoughts about the information that he was presenting and tried to look at is more of an objective way. He went through a multitude of points, the first being filming police. He stated that it is our first amendment right to film the police, and that this is the first thing we should do when we encounter a police officer. He states that police can easily lie, but if something is filmed then the video will be able to tell the real truth. To an extent, I do agree with this. Video footage can incriminate or set someone free. For me personally, I would not choose to film the police. This is because I tend to have more of a trust for the officers or troopers that I come across, and do not feel the need to film them. I also strive to ensure that when or if I am stopped by the police, it will not be necessary to film them because they will not feel the need to lie to me either. I truly believe if both parties are honest, things will go much more smoothly than the ladder. Yes, there are going to be bad apples in the police department, but that does not mean that every officer is out there looking to lie to you. It will be my goal as an officer for the citizens to feel like I am being fair to them, and to not feel as if they need to film my every move. After covering the topic of filming the police, he then went into Constitutional encounters with the police. In this, he went over reasonable suspicion and when an officer is permitted to detain and individual. He then told us that in Nevada an office can detain someone for up to sixty minutes, and that anything after that is unlawful. This comment to make me realize that I have no idea about Illinois rules and regulations on this topic and many others, and it definitely makes me want to do more digging into what is allowed and what is not. I also found his description of what to do during a traffic stop interesting. I often think of it from the officer’s point of view, what they are thinking about when conducting a traffic stop, rather than the citizen. A lot of what he said was stuff that I was already aware of, like having to present your license and insurance. He then stated that an officer can ask questions, but it is your legal right not to answer them. He then stated that if you openly answer their questions, you are voluntarily extending your time spent with the officer. My thoughts behind this are, yes, it is your legal right not to answer the questions the officer asks, BUT there is no reason to be uncooperative with an officer unless there is clear reasoning behind it. My motto has always been, if I were to get pulled over than I probably did something to warrant it. You give yourself more of a chance to get out of a citation by being open and honest with an officer rather than being smart-aleck and telling them you will not answer their questions. AT the end of the day, whether an officer is good or bad, it is their jurisdiction to ticket me, and I would rather give them less of a reason to do so rather than more. “Patriots123”
ReplyDeletePart one: In class last week we got to experience a different way of learning. Instead of our usual power point class or our verbal type of learning, we got to watch a video that taught us about the chapter we are learning. I really enjoyed this way because the video was based on Nevada state laws which made me question "what are the laws for that certain topic here in Illinois?" In this video Stephen Stubbs was the person talking about how we as citizens need to know our rights when it comes to encounters with the police. The first topic that Stephen talked about was how the police are allowed to lie to you. This was decided in the case Frazier v. Cupp on April 22, 1969. The next thing that he talked about that I found interesting was the topic of Filming Police. He stated that a clear law was established in the first, seventh, ninth, and the eleventh circuits which covers nineteen states. Those states are Nevada, Montana, Idaho, Oregon, California, Alaska, Hawaii, Arizona, Alabama, Georgia, Florida, Illinois, Indiana, Wisconsin, Maine, New Hampshire, Massachusetts, and Rhode Island. He also said in the seminar that most states usually except that same law. Why it's not a law in every state I'm not sure but if most states except it then why wouldn't they just make it a law to save the hassle? The catch that I think most people don't realize is that in order to film police they must be in public and performing official duties. Police have different powers based on their jurisdictions. For the most part being detained is under suspicion and the officer can only detain for a reasonable amount of time. Again for the most part when an officers arrests you are has a search warrant they are doing that under probable cause. Another topic that Stephen Stubbs brings up is about traffic stops. Police officers can demand to see you drivers license, registration, and insurance and you must provide that officer with the information. Stubbs also stated that if the officer feels afraid he may ask you to get out and can search your person. The police officer may also detain you as long as it is for a reasonable amount of time. If you choose to talk or answer any questions that the officer has you are consenting to extending the amount of time that the officer can have you detained. UofM123
ReplyDeletePart two: The next big point that Stubbs had on his agenda was the 60 minute rule. This is the most misunderstood law. This law states that you can not detain someone for longer than 60 minutes. Most officers take this as they can detain up to 60 minutes and that is not what the law says. The law says a REASONABLE amount of time. A very interesting part of the law that he brought up was illegal seizures under the 4th amendment. Under this it states that and officer can not access your phone without a warrant. I think most people believe that if they ask for your phone you have to give it up. That is not true and I'm sure there are tons of people that don't know this. Stephen also brought up when you have to legally provide I.D. Now keep in mind that he is specifically talking about Nevada laws. You are only required to provide your I.D. when you are the driver of the vehicle and if you have a CCW and are carrying. A passenger does not have to provide their I.D. This is under the case Hiibel v. Sixth Judicial Court of Nevada from 2004. One of the last two points that was on Stephen's agenda was how to handle general police encounters. In this seminar, as much as he seems like he is against the police force, he mentions multiple times that you still need to be polite to any officer that you have an encounter with. Know your rights so that you can invoke those rights. The last main point was how to properly handle a traffic stop. You MUST give the officer that is pulling you over your license, registration, and insurance. Stubbs also states here that you have no 5th amendment ( right to counsel) during a traffic stop. It was very interesting to see the differences and similarities between Nevada and Illinois based on what I personally looked up after I watched this video. I would strongly agree with Stephen on the main fact that everyone should know their rights. UofM123
ReplyDeleteI liked how the lesson was taught more visually this time around. I also began to wonder what specific Illinois laws differed from Nevada's. Since every state has it's own issues. I feel more people need to be informed of their rights. I learned that IL is one of those states that allow recording of the police in public. I always wondering what exactly was the states view on recording, but now I know! I feel that the lawyer was telling all these people about these rights, just so they can know when they are being violated. Since some cops think that they are the law, or above it. Then again, some are just to forceful. The traffic stop laws make sense, and they are reasonable. Every state is different on I.D. laws so it's important to know your states viewing. I think if more people knew their rights, then we wouldn't have issues with rights being violated.
Delete^~^ Itis123
In class instead of reading the book and going through slides we tried learning in a different way. Instead we watch kind of a podcast. It was called Know Your Rights Sumner Police Encounters. It mainly talked about how he or she should know their rights before having a encountering cops. That he or she would have a better way of protecting themselves and their rights if they know what rights they have. Many things were very interesting to me. In reality if a cop is wrong they are still right in their eyesight, but if one knows his or her rights then this is not true. The crazy part is cops hate when they get lied to because it wastes their time, yet they can lie to whoever they please. According to the supreme laws cops can lie to you, to get you to do or say what they want but one cannot do the same in return. If they find out he or she is lying he or she can spend six months in jail. One good way to protect yourself or others is to film everything. There was many cases involving this like the Fordyce v City of Seattle where they fought this. The 1st, 7th, 9th and 11th circuits laws established that if cops are in public performing official duties they can be recorded. If one notices someone else recording then he or she should record them recording and record what is happening that way it’s always proof and it cannot be covered up. Like the guy speaking in the video if someone had not recorded his encounter with the cops he could have went to jail and lost his right to practice law. He or she should be aware that they do not need to talk to the police at all, but the moment they do they have voluntarily given consent to carry on with the conversation without even saying yes. Another thing is if one gets pulled over and the cops asked for their licenses and registration he or she should give it up with no questions asked. It deletes conflict between the cops and themselves. If one does not have this on them though at the time of the traffic stop, one can spend up to 60 days in jail. It’s really not worth it at all so just do the right thing. If a cop stops you because o reasonable suspicion the cop can check you and ask for id, but the moment the reasonable suspicion is gone a cop has to give you back your i.d and can no longer search past what they stopped you for. All evidence afterwards will be thrown out. For example: if a cop stops he or she for what they believe is a gun, they can search you, but if that gun is no where on you they cannot keep checking you. If they happen to check you and find pot, they cannot arrest you, because it would waste time because the evidence will be thrown out.” People need to learn their rights The point of the video is to know your rights when dealing wiith cops because they will try to trick he or she. Take out phone and film, be polite,ask if he or she is being detained or not, do not consent to anything and ask for an attorney asap..(Equality 123)
ReplyDeleteIn class, we watched a video on Police and the Law. It felt nice to get out of lectures and slide shows. It was a lawyer from Nevada explaining the police and the law. If you know the police is breaking your rights, just do what the officer says for the time being. Just do everything you can not to put yourself in harm’s way. Yes, police officers can and will lie to you to get you to do whatever they want to get you to do what they want and if it is helping their investigation. The lawyer said to always film everything, but you can only film them if they are in uniform and doing their job. If you have someone else in the car, get them to record the situation. Also, if the officer has enough good reasonable suspicion, they can detain you. They can ask you and everyone in the car to get out, but they can only search up to a wing span; that is also known as arms reach, so which means the trunk is off limits. ALWAYS have your drivers license, registration, and insurance on you while driving because if not, they can arrest you for not having the right documents on you. Also know that you do not have to answer their questions if you do not want to and the police cannot force you to answer either, but you must comply and obey with the officer you encounter. No officer can access your cell phone until they provide a warrant but can consent and will try to get you to consent. One thing that I was in the video that was very shocking was that, you could go to jail, but a cop can lie to you all they want, and it is okay. How is that fair? What a lot people found out from the video, which I already knew, but if the officer asks anyone of your passengers for their I.D., they do not have to give it to the officer. The lawyer also talked about police legitimacy, which is something that I have heard not only in this class, but in almost every criminal justice class. If people don’t feel that officers have a legit reason to be in their community, then what type of job have officers done in this world. The officer can detain you for sixty minutes anything after that is unlawful. Knowing that they have the right to remain silent, anything they say can and will be used against them in a court of law, have the right to an attorney, and if you cannot afford an attorney, one will be appointed. The video did a really good job of explain the difference between the police and the law. I really enjoyed watching it.
ReplyDelete~Dance 123
The warnings play a big role in any arrest. Some people don’t know their rights and some people do so that’s one easy step for the officers. The “You have the right to remain silent” is a big one. You don’t want to talk or say anything to the police that doesn’t need to be said. Just wait and see how everything plays out. “Anything you say may be use against you in the court of law”. You have to either have a lawyer or shut your mouth so you don’t say anything that can get you in trouble with the law. “You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future”. Stay to yourself, if you know your rights very good this doesn’t apply to you. Then there are many more, to get your understanding and let you know what to do. It gave an example, saying that the police are not required to advise the suspect that they can stop the interrogation to any time, that decision to exercise the right cannot be used against the suspect, or that they have a right to talk to a lawyer before being asked any questions. 2. The use of various U.S state jurisdictions is another interesting thing. It says that some jurisdiction provides the right of a juvenile to remain silent if their parent or guardian is not present. I feel like that is a good rule because kids can say anything that can harm them in anyway and they aren’t old enough to get a lawyer themselves, so waiting for their parents is the smart thing to so until they are able to so it themselves. In different departments like New Jersey, Nevada, Oklahoma, and Alaska they insist of providing man attorney by says “We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court”. Which I feel is a good thing because they are not responsible for you if you want to be honest. They can’t do anything for real. 3. There are six rules that have to be applied before applying Miranda. Rule number one, evidence must have been gathered. You must have some type of evidence before even doing anything. That’s the best thing to do when being an officer. Rule number two, the evidence must be testimonial. It says, for the purpose of the Fifth Amendment, testimonial statements mean communications that explicitly or implicitly relate a factual assertion or disclose information. The evidence has to be factual before doing anything. Rule number three, the evidence must have been obtained while the suspect was in custody. All the evidence should be when the suspect was in the process of being arrested not anything else. Rule number four, the evidence must have been the product of interrogation. A volunteered statement by a person in custody does not implicate Miranda. And there are many more about the Miranda evidence which important in a case because you have to have facts and know what your talking about before you just got an arrest someone. 4. With the waiver part of the paper I find it interesting because then the police can go in and request them to talk or try to get them to talk. They still have the right to be quiet if they want to but it says that they can say “Understanding each of these rights, do you now wish to speak to the police with out a lawyer being present”. It’s a smart move and it easy way to not get held up waiting for people and you can just write anything they have to say to you. 5. For the exceptions, the Miranda rule would apply unless the prosecution can establish that the statement falls within an exception to the Miranda rule. It says the three exceptions is, the routine booking question exception. Which I think its writing down everything that happen with the questioning. Number two is, the jail house informant exception and number three is, the public safety exception. All of it makes sense you just have to follow it the right way and do the right things to follow the Miranda rule. -Babyblue123
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