Don’t Talk to Police! Legal Behavior Justified a Search

Via The Daily Bell

It was legal to carry weed in his car when he was in Washington state.

But now he was in Indiana, pulled over for a broken headlight. The cop didn’t smell anything suspicious, nor did he suspect the driver of being impaired. But he did ask some questions.

And that is where the driver screwed up. It is hard in the moment. An intimidating person with a gun is interrogating you. But you have got to stay calm and say in the most polite possible way that you will be exercising your right to remain silent.

Try something like, “With all due respect sir, I make it a habit not answer questions without a lawyer present.” The police officer may try to intimidate and bully you, but he cannot establish probable cause based on your refusal to answer his questions.

The cop asked the driver if he had any marijuana in the car. The driver said no. The cop then asked if the driver had ever had any marijuana in the car. The driver said that when he was in Washington state, he did carry marijuana in the car, which is legal there.

Even though the man was admitting only to legal behavior, the police officer used this fact to justify ordering a canine unit to the scene. The dog alerted the officers to drugs, and a search turned up a small amount of marijuana and a hallucinogen called DMT.

The man’s lawyer tried to have the evidence suppressed based on the fact that the officer did not legally establish probable cause to order a canine unit. The stop extended beyond a reasonable time frame while waiting for the drug sniffer to arrive.

But the court ruled that since the driver admitted to possessing marijuana in the car in the past, it was reasonable for the officer to assume he may still possess marijuana.

The judges explained while police can ask questions about unrelated criminal activity during a traffic stop, Toschlog was under no obligation to answer the officer’s questions regarding the past presence of drugs in his vehicle.

“His choice to do so and to disclose inculpatory information — i.e., that he had previously had drugs in his car — provided the officer with reasonable suspicion to believe at that point that Toschlog currently had marijuana in his vehicle,” the judges said.

This just goes to show that even admitting to legal behavior can allow officers to uncover a crime. This case is obvious, but there are so many crimes on the books, that you might not even realize you have broken one. That is why it is always best to avoid answering questions.

Police are trained to look for ways to make you trip up. What may seem like an innocent line of questioning is really an officer digging for suspicion, probable cause, and legal infractions.

It is always better to remain silent.

You don’t have to play by the rules of the corrupt politicians, manipulative media, and brainwashed peers.

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Pure Evil Kafir Goyim Tue, 02/20/2018 - 17:30 Permalink

The only thing left out of the story is whether the vehicle owner still had Washington state plates on his car. I suspect he did and that's why the cop asked about prior behavior knowing full well that weed was legal in that state. Plus the added fear of bring an out of state driver.

If he still had Washington state plates I'm pretty sure the next question out of the cops mouth would be: do you consent to me searching the car. If they have a canine present they don't need your consent to run the dog around your car to check for drugs. They'll be doing that while the cop is seemingly detaining you.

All you can say is no then ask if your being detained and if your free to go. If no canine is present you should be free to go since the cop no has probable cause. If he detains you then he has violated your civil rights. But, once they have you in the system unless you can hire high priced lawyers your pretty much fucked.

Sadly I watch too many cop shows.

And, depending on how close you are to an international border when pulled over you may not have any US Constitutional rights at all, within 100 miles. Doesn't mean your state constitutional rights have been abrogated. But, if arrested your forced to fight that out in court where you will lose anyway. Unless of course your rich and can bribe your way out.

In reply to by Kafir Goyim

All Risk No Reward Muddy1 Wed, 02/21/2018 - 03:13 Permalink

>>“His choice to do so and to disclose inculpatory information — i.e., that he had previously had drugs in his car — provided the officer with reasonable suspicion to believe at that point that Toschlog currently had marijuana in his vehicle,” the judges said.<<

No it didn't.

That's total mind control bull.

Had I ever had my brother in the vehicle?

Yes.  Is that probably cause my brother is still in the vehicle?

Have you ever had sex in this vehicle, sir?

Yes?  That's probable cause he was still having sex in the vehicle?

Get out!

This is total crap, but it is par for the course in the Supranational Money Power Monopolist Mega-Corporate Global Fascist Empire system, aka, the Beast Empire system, AKA, Babylon the Great (and it is pretty impressive, isn't it?).

Never Talk to Police

10 rules for Dealing with Police (Flex Your Rights)

BUSTED: The Citizen's Guide to Surviving Police Encounters

5th Amendment Card

Always be polite and cordial to the Supranationa Money Power Monopolist Mega-Corporate Fascist Global Empire Praetorian Guard who isn't smart enough to figure out what he really is and for whom he is really working.

BTW, cops steal more than burglars...

Police Civil Asset Forfeitures Exceed The Value Of All Burglaries In 2014…

But they don't steal it from the Big Fish...

How a big US bank laundered billions from Mexico's murderous drug gangs

Do you see any mention of asset forfeiture for the $370+ BILLION in illegally transacted money?

I didn't.  I didn't see any tax bill, either.  Nor firings, well, except for the whistle blower.  Seriously.  Bloomberg reported that Wachovia even leased the planes for the Money Power controlled drug cartels.  Did they get seized?  Nope.  They were protected.

In reply to by Muddy1

All Risk No Reward All Risk No Reward Wed, 02/21/2018 - 03:17 Permalink

Oh, and then there's always, "Sir/Madam, am I being detained, or am I free to go?"

When the cop has nothing to go on, it is good to get right to the point and get that question answered ASAP.

You can even ask that question right after explaining how much freedom and the fifth amendment mean to you because of all the heroes that sacrificed their lives for it, although, the last part might trigger a psycho/sociopath.

In reply to by All Risk No Reward

All Risk No Reward house biscuit Wed, 02/21/2018 - 11:22 Permalink

Another pro tip, if you are pulled over and the police want to use a dog to search for drugs without probably cause (they need the dog to establish probable cause or they'd already be in your car), you don't have to voluntarily sit there and wait for the dogs to be manipulated by their handler to "trigger" for drugs.

"Sir/Madam, am I being detained or am I free to go?"

Be relentless until these Money Power police state Praetorian Guards let up.

Don't volunteer your time so they can go on fishing expeditions on behalf of the Supranational Money Power Monopolist Mega-Corporate Global Fascist Empire.

True story:

I went up to two cops at an Occupy Wall Street event.  I showed them a chart with credit and monetary aggregates growing exponentially to GDP.  The chart had Section 2A of the Federal Reserve Act written across the top, which says such actions are illegal.

I then asked them what they could do about this black letter violation of the law.

They said it was "above" them.

Of course, the crimes of their Money Power Monopolist Fascist bosses are "above" them.

Wonder how many cops lost their homes in the 2008 debt-money rattle?

Probably more than half will lose them the next time around.

Two cops know why.

They also know they are "limp" when it comes to real issues.

In reply to by house biscuit

NoPension Muddy1 Wed, 02/21/2018 - 07:06 Permalink

You have the right to remain silent.


But, not the ability. 

Ive seen it over and over. 


Ive been pulled over. With my wife in the car. I have to TELL her..." Keep your mouth shut. Don't even say hi !!!!!".  I have the radio off. Window down half. Both hands on the wheel. I say nothing! I only respond to requests. I do not answer.." do you know why I pulled you over?" I simply look at the officer in a dumbass. He gets it...usually..after a period of uncomfortable silence...he gets it, and asks for license and registration. I may say..." I'm reaching in the glove box, now "... but other than that...nothing. I don't even say thanks...after what is usually a warning. 

  I am a middle aged white I do know that helps. Luck of the draw. 

Do not chat up the police. 

In reply to by Muddy1

waspwench Muddy1 Wed, 02/21/2018 - 14:26 Permalink

That is how all police states operate.   They criminalize so many activities, and put so many laws on the books, that it always possible for them to find you guilty of something.   It enables the state to intimidate and abuse even the most law-abiding citizens.

Think we live in a free country?   Think again.

In reply to by Muddy1

Let it Go Kafir Goyim Tue, 02/20/2018 - 18:42 Permalink

As a resident of Indiana and supporting Trump I was not happy to see him chose Indiana Governor Mike Pence as a running mate. Back in 2013, I wrote an article condemning Pence for his backward and oppressive stand towards marijuana. It noted that with the rest of the United States moving towards relaxing marijuana laws, Indiana was bravely marching into the past. The article is linked below, it seems the views Pence has on this issue bodes poorly for helping to heal and bring America back together.

 http://Indiana Marijuana Laws, A Step Back In Time.html

In reply to by Kafir Goyim

BarkingCat Let it Go Wed, 02/21/2018 - 09:22 Permalink

Indiana is not a bad state but it does have some nasty peculiarities. 

I would still rank it above average when considering the entire nation.

Weird things about Indiana I have noticed:

Property tax on businesses. I remember once or twice a year car dealerships having a clear out the lot sales as they had to pay a tax on their inventory. 

The ability for cities to expand their borders and INVOLUNTARILY absorb unincorporated areas.

I remember in the 1990s the city of Fort Wayne doing it to Aboitte Township.

I know it ended up going through the court system because Aboitte was fighting it.


Indianapolis has managed to engorge itself on everything within its county. Their government was actually referred to a city/county government. 



In reply to by Let it Go

Aerows Let it Go Wed, 02/21/2018 - 09:43 Permalink

Nobody likes Mike Pence.  He pretends to have his wife sit with him in the presence of other women, but that is just because he is such an asshole that he has to be protected from punches to the face.

Beyond that, he is so wound up about homosexuality, he's probably so far in the closet he is finding Christmas presents and having tea with Mr. Tumnus.

In reply to by Let it Go

Montana Cowboy Kafir Goyim Tue, 02/20/2018 - 19:50 Permalink

Bad advice. You only escalate your problems. Lying to a police officer face-to-face in most states is a felony. Answering questions can't possibly do you any good - ever. Most people think they must defend their innocence by giving the right answers to the cop's questions. This is what cops capitalize on. People need to get their head straight on this. Don't believe me? Listen to a brilliant law professor who is then entirely backed up by an experienced detective. Never, never, never answer any questions. There are reasons you never though of. There are many people in prison because the cop selectively testifies. "I hated that guy but I would never kill him" comes out as "the defendant told me he hated the victim". You might think the accused can somehow straighten out matters like this. No, he can't. Watch this with your teen kids.

In reply to by Kafir Goyim

ZIRPY Montana Cowboy Wed, 02/21/2018 - 02:19 Permalink

It's perfectly legal to lie to the Sheriff and other state and local cops. Some exceptions are things like lying about your identity, which in NYS is a Class B Misdemeanor that hardly ever ends up in f/o a judge.

Lying to the Feds is a crime. And Mueller is doing a GREAT job educating the public that you should NEVER talk to the feds.

In reply to by Montana Cowboy

Montana Cowboy ZIRPY Wed, 02/21/2018 - 20:59 Permalink

Lying to a cop is never legally permitted in any state anywhere. The only question from state to state is whether its a misdemeanor or felony. Why lie if you have no duty to speak at all? In fact, the real question we all need to confront ourselves with is: why tell a cop the truth if you have no duty to speak at all? Merely speaking permits the cop to allege you lied to him. Even responding as "I don't know" can be alleged to be a lie. I wouldn't even tell a cop the time of day if he asked me. These sociopaths are not your friends. Just zip it. Any other advice is seriously defective. And don't tell me there are good cops. The sick sociopath cop culture has been permitted to evolve so deep, any good cop will get ousted or otherwise find his job intolerable. Just show me that good cop that will arrest his partner for beating the shit out of an innocent civilian. Then I will begin to consider the notion of a good cop.

In reply to by ZIRPY

Consuelo hardmedicine Tue, 02/20/2018 - 17:42 Permalink



Human beings are wired in very interesting ways...   Especially when it comes to being propagandized into thinking a certain way about certain things, substances, etc.   It really is an amazing facet of our existence.   And this coming from someone who, 30 years ago would have said 'lock 'em up, or build more prisons both'...   


In reply to by hardmedicine

One of these i… ClickNLook Wed, 02/21/2018 - 20:50 Permalink

Phalaris grasses if I remember correctly, or you need a chemistry set.

Only tried it once. Hear my story and take heed!

There's an awkwardly placed tree in our garden, that grows fast and droopy.

Pain in the arse thing it is. Was scheduled for removal until I took a tiny amount of DMT one day, finally able to solve thirty years of curiosity.

Under DMT, (for about ten minutes) I saw that tree differently. I saw it's essential underlying beauty, and became acutely aware that for some reason that tree cherished me. DMT showed me that tree extending its unconditional love towards me. 

I KNOW it was just a hallucination, but it makes no difference. The tree gets a trim every couple of years now and it carrys a fair bt of birdfeeding apparatus nowadays... Drugs can alter your mindset it would appear.

In reply to by ClickNLook

silverserfer Tue, 02/20/2018 - 17:28 Permalink

what a sad state of affairs to be a stoner and be in the state of Indiana. Almost as bad as being a cornhusker in puerto rico or a new yorker in Hawaii. Haaaawkward.

BarkingCat Juggernaut x2 Wed, 02/21/2018 - 11:18 Permalink

Indiana gets some things right.

You can ride your motorcycle in Indiana without a helmet. 

I think it is unwise to do so, but that is freedom of choice.


You can defend yourself with deadly force in your home in Indiana, even against cops.

If they raid your home because they screwed up the address and you blow them away, you are still a free person. In most other states they will lock you away because black polyester lives are precious. 


Anybody else notice that cops wear black instead of blue in most jurisdictions? 


In reply to by Juggernaut x2

True Blue BarkingCat Wed, 02/21/2018 - 17:20 Permalink

GESTAPO mentality. Dress someone like a stormtrooper and they will quickly start to act like it (supposing they didn't already.)

Frankly, it also attracts the wrong type. Put 'em in cute little leotards and pink tutu's. If they're serious about 'Protect and Serve', this shouldn't interfere with the performance of their job; if they don't like it, they weren't the right ones for the job in the first place.

In reply to by BarkingCat

Consuelo Tue, 02/20/2018 - 17:34 Permalink

Here we are, witness to the spectacle of abject lawlessness on a grand scale in our nation's Capitol, with those entrusted to 'serve' us honestly and forthrightly, flagrantly violating the law - and crowing about it. 

Down here in serfdom however, the Law is stoked and running high for the 'little people'.

'You know the score pal...   If you're not cops, you're little people...'