Am I Free To Go??

Am I Free To Go?
by Chris Geo

My friends,

Police encounters have been a subject we have veered away from for a few months on the show ; However, it is a subject that deserves more attention, so we will book a great guest for you by the end of the month.

Tonight, Sheree and I were driving around at three o’ clock in the morning on the way to the twenty-four hour fishing barge to get an early start. On the way, I decided to stop by an old bridge that is said to be “haunted”, just to get Sheree’s reaction. We drove down the street, had a look at the bridge and drove back towards the freeway. As we approached the freeway, we saw an officer parked on the side of the road. We checked the speed and we were a few miles under the speed limit.  I urge everyone to drive a few miles under the speed limit because most police departments have repealed their policy of giving drivers a 5-mile-over-the-speed-limit-leeway.

On a side note, a new “unannounced” law in Texas says you have to either slow to down to twenty miles an hour or move to the other lane if you see an officer on the side of the road. It is a $750 fine.

Anyway.

As we all know the police are scurrying to draw blood from the turnip (that is a depression hit public), so they are looking for any reason to write tickets. We were pulled over because our “licenses plate was not properly illuminated”. This is the first I’ve heard about this ordinance so we will have to fix it this morning ; But it goes to show, you can’t even go on a last minute fishing trip without dotting all of your “i”’s and crossing all of your “t”’s. I’m sure the lives of school children and drivers nationwide were threatened due to the lack of illumination on the license plates. They might get into a wreck trying to read your plates ladies and gentlemen! It’s not like they have large spot lights attached to their cars in case they need more illumination during a traffic stop.

As the officer approached, Sheree was in the drivers seat and I was in the passenger seat. The officer asked for drivers license and insurance, so I explained the insurance was in the back seat in my clip board. I did this so he could shine his spot light back there and see that I wasn’t reaching for a weapon or anything like that. He shined his light, I grabbed the clip board, opened it facing him (so he could see what was inside of it) and took it out.

I’d like to note here that I feel it is very important to make any officer who stops you as comfortable as possible. Always pull over in a well lit area and have your windows rolled down so he can see you don’t have a back seat full of people or anything like that. I always tell them where I am going to reach and what I am reaching for. These people deal with the scum of the earth and it’s no wonder they get tainted with the mentality that everyone is a criminal.

After I asked what the reason for this contact was (non-illuminated license plate), he asked for my identification. It’s important to note that you ARE required to give your drivers license when driving but you are not required to carry identification any other time. He was shocked that I didn’t have identification and asked me to step out of the vehicle. I complied because I understand officers have to be safe out there.

He came back to me and started asking several questions including my name, date of birth, residency, where we are going, etc. etc. I gave him my legal name and asked if I was free to go. He said “no, you are being detained”. I asked if he suspected me of a crime and he didn’t give a clear answer, although I know he did not suspect me of a crime. He stopped the vehicle for a non-illuminated license plate which had nothing to do with me. He then asked for my date of birth and I explained that I don’t know because I don’t remember the day I was born. He asked what date was on my drivers license and I one again asked if I was free to go. He then asked me to put my hands behind my back and handcuffed me.

He then stated it was a crime to not give my name, date of birth and residency. I explained that if I was mistaken in the law, I would be happy to correct anything I may be ignorant to. He pulled out a book and read a law from it. I am not sure if he was actually reading from it or making it up but I complied with giving him the information he requested under the pretense that I would be breaking a law if I didn’t. I still have to research this law and the little bit of research I did this morning didn’t come up with anything. If anyone is familiar with the actual Texas penal code, please post it in the comment section.

He was apparently unable to pull my information with the information I had given him so he asked for my social security number. I am completely certain that I don’t have to disclose that number under any circumstance to anyone. I explained to him according to the Social Security Act of 1935, the Social Security Number cannot be used as identification and therefore I would be in violation of the law if I gave it. He said that didn’t apply to law enforcement but left me handcuffed and standing behind my vehicle while he spoke to Sheree.

Sheree wasn’t intimidated by him because she is a law-abiding citizen, as am I. He was trying to get more information about me out of her however she kept answering “he is the best person to answer that question”.

Finally he comes back to me and asked me a few more questions including why I am being uncooperative. I explained to that I do not wish to cooperate any more than the law requires me to do so. I recited the fourth amendment, looked him dead in the eye and said “I am doing this for your children and my children all the same. What kind of world are we going to leave them if we move in this trajectory? We are living in a high tech police state, we have cameras on every corner, we have naked body scanners at the air ports, the Federal Government is implementing biometric identifications and we’re moving towards a papers please society. We are walking the same path as Nazi Germany and I refuse to leave this kind of world behind for our children”.

He told me the reason things are the way they are is because of “terrorists”. I replied, “No, things are the way they are because the Federal Government is not doing it’s job of protecting our borders, coining money and ensuring the rights of the people”. I then asked him if he took an oath to defend the constitution of the United States. Of course he has. I said “I took that same oath”. He asked when/why. I said “because I am a proud American and it is every Americans duty to understand their rights”.

I then went on to explain how these policies takes good cops like himself off the streets to deal with law abiding citizens like myself instead of actual criminals. It’s not fair to the people of this country and to the officers who are out working at three o’ clock in the morning.

Finally, he took the handcuffs off of me and said “you are one big headache”. He began asking more questions. Instead of answering any of the questions I said “I have one question. Am I free to leave?”. He said yes so I walked away and got back in the vehicle. As I walked back to the car, he shouted, threateningly, “Don’t worry, we’ll catch ya later.”

In the end, I hope the seed of liberty has been planted in the officers mind and it will take root. He seemed like a decent guy, maybe someone I could even have a beer with. I understand the training and the fact that these officers put their lives on the line and deal with the scum of the earth. It’s no question that they can easily become jaded and look at everyone as a criminal. But it doesn’t have to be that way and it’s about time it stopped! I hope the officer realized tonight there are good people out there just sick and tired of being squeezed to death by the banks, the depression and the ever growing police state.

Ladies and gentlemen, the moral of the story is this. Treat these officers with respect, love and kindness. They are human beings. But also treat yourself like a human being too. A free human being. A free man doesn’t surrender his information at the drop of a hat. A free man doesn’t grovel, beg, plead or even resist. A free man stands on his ground, has a full understanding of the law and acts accordingly. Always look these officers in the eye and be sincere, even if you are simply asking if you are free to leave.

These are the magic words “Am I free to leave?”.  Repeat this over and over again until you are either told you are free to go or you are arrested. Chances are you won’t be arrested because you’ve done nothing wrong. If you do get arrested, “anything you say can and will be used against you”. So the best thing to do in my opinion is don’t give them anything to arrest you for. Follow the law, drive responsibly, and don’t divulge any more information than you are required to by law.

I sympathize with these officers. They are out there fighting a tough fight having to enforce victimless crimes and catching actual “bad guys”. With new legislation passing every day, it’s no wonder why the crime rate is increasing and the police force has to increase with it. Tonight, we must have seen a dozen police cars patrolling the twenty-mile drive we took. I long for the day when I can speak freely to a police officer so they can be on their way catching bad guys. But as long as the totalitarian grip keeps getting tighter, it becomes harder and harder for the officers to do their job. It’s really a travesty.

Fourth Amendment

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

For a great resource on how to deal with police encounters, please see our good friend’s youtube channel at http://youtube.com/theantiterrorist

Update:

Thanks for the comment guys! I wanted to follow up with the law: Thank you to Georgiacopguy for sending us the actual law! Please keep in mind, this is TEXAS law. Your state law may be slightly different.

§ 38.02. FAILURE TO IDENTIFY.
(a) A person commits an offense if he intentionally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or fictitious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
(c) Except as provided by Subsections (d) and (e), an offense under this section is:
(1) a Class C misdemeanor if the offense is committed under Subsection (a); or
(2) a Class B misdemeanor if the offense is committed under Subsection (b).
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is:
(1) a Class B misdemeanor if the offense is committed under Subsection (a); or
(2) a Class A misdemeanor if the offense is committed under Subsection (b).
(e) If conduct that constitutes an offense under this section also constitutes an offense under Section 106.07, Alcoholic Beverage Code, the actor may be prosecuted only under Section 106.07.

So reading this we have 5 sections where a person commits an offense. If you notice section A> it says you are guilty if you REFUSE to give your name/address/residence address when ARRESTED. So we’ve established – it is unlawful to REFUSE if you are ARRESTED. However… subsection B states it is unlawful to give FALSE information when you ar ‘lawfully detained’. So if I am reading this correctly you are only guilty of this if you are lawfully arrested for a crime or if you give a fictitious name while being lawfully detained. But it doesn’t say you have to give your name/residence address or date of birth if you are DETAINED. Key phrases there.

Does anyone agree or disagree with the interpretation? One thing about the law is it has to be spelled out in black and white. You cannot assume in law. It’s either written or it’s not. And from what I can see, if you are detained, you are not required to give them anything.