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SyphonFilter
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14 May 2011, 4:19 pm

meems wrote:
I get crap from cops constantly. You don't have to let them detain you if they can't tell you under suspicion of what charges, but it can just cause more trouble if you won't stop and let them search you etc. I don't know what advice to offer. I've had cops threaten to arrest me for not carrying an ID, which I don't when I'm just going for a thirty minute stroll.

My roommate told a cop once that I have aspergers and the next morning a social worker showed up, the APD had called APS to report that I was disabled and possibly living in an unsuitable situation... they said this because my apartment was MESSY. I'm not on disability which they never bothered to ask before deciding they needed to report my "situation" which was having to live in an apartment with clothing strewn about the floor. I hate the police. Some cops are great but as a rule, I hate the police.


Exact same thing happened to me. Except that I was spending the summer in a fraternity.



abyssquick
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14 May 2011, 4:20 pm

AardvarkGoodSwimmer wrote:
sacrip wrote:
. . . "Sir, these are the facts: I prefer to walk instead of drive at night, I'm obeying the law to the best of my ability and I have a mild form of autism, which means I have difficulties with social interactions, particularly in stressful situations. . .

That seems pretty good. That is a person standing up for his rights, but not in a legalistic way that's likely to rub the officer the wrong way. And the fact that it's away from the 'field' and in the more neutral(?) environment of the station, my feeling is that will also work in your favor.


Ok, thank you. This is helpful. I think I understand this tone I should use. I will pursue this as recommended.

Often I find my own perceptions of how I should talk to people carry hidden emotional barbs that put people on edge, or rub them the wrong way. I will steer clear of making any such legal, ethical, or rights discussions. I find I can't just reference laws and expect people in authoritative positions to behave by them - there is a more complicated social aspect I am missing. The world is not ever as accepting or ideal as I imagine it can be. So I have to ask what others think so I don't float away.



AardvarkGoodSwimmer
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14 May 2011, 4:48 pm

abyssquick, I have made these mistakes and then some. And I think a person can sometimes mention a right and the officer will back off. I guess it's just a little bit of a higher risk gambit. And it shouldn't be this complicated. In a democratic society . . . well, you certainly know the rest. I guess some of it is that the salary of police officers is not lower middle-class with today's cost of living (although I certainly would like to have that income!), too long hours, bureaucracy from above . . . well, they shouldn't take it out on average citizens! Tricky situation all around, and sounds like you have a pretty good handle on it.



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15 May 2011, 1:25 am

abyssquick wrote:
I've become aware of the "right to non-consent" through my research. We are not legally required to carry an ID, nor are we legally required to consent to searching, if there is no specific basis for the officer's suspicions. Flex Your Rights (.com) is a great resource on the matter of privacy rights.

I was stopped randomly around 8PM one evening, and with this information I asked the officer what his suspicions were, and he trotted out : "you're out at night, and I saw you cut a corner at the end of that road, so you were trespassing" (I later learned this was a lie, county property goes 7' in from the sidewalk, and even casual trespassing falls far short of "reasonable suspicion" law) - and from there I only got more hassle. This was the same one who confiscated my license. He seemed to take it as a challenge to his authority that I would even know some of my rights. I was a bit put off by it.


That is correct: no one in America is required by federal, state or local laws to carry ID as a rule on public property. However, in some urban jurisdictions in America, if an officer would normally have cited you and let you on your way, but can't identify you because you're not carrying certified ID, the officer now has to book you since you cannot be positively identified.

@abyssquick

Given that you have had a pattern of being stopped by the police in a specific locality, it could be a good idea to start by going into the precinct house, describing who you are, explaining that you have in fact been stopped multiple times while you were just running errands after work. And as trying as it is, be polite if the incidents continue to happen.

Those on this forum are also correct that cops shouldn't be messing with citizens without cause. On the one hand, remember that many people who are cops are cops because they don't have many other good options. On the other, also remember that they're frequently dealing with people who are at their worst, not at their best, and that this takes a toll.