Randy Cassingham's Blog

Posted by Panda, Missouri on July 3, 2009:

I heartily disagree with Karen who says that not talking with child services workers will land you in the middle of a nightmare.

Karen, if you talk with them, they can and will do everything that the police would do during an investigation. They are a government worker, and as such you do not have to talk with them. Smile sweetly and simply say "I'm sorry, but my attorney won't let me talk with you without him/her being present." Refer them to your attorney pronto.

If you have any questions about the dirty tactics that CPS workers use, please view the site: http://www.nfpcar.org/References/DirtyTricks.htm - and you should also read the page I wrote about "The Importance of Miranda" at http://www.nfpcar.org/eBook/MirandaA.htm

This is an excerpt from the page referred to above:

I know many social workers and others believe there is an exemption of the warrant requirement in child abuse investigations. But the Ninth Circuit Court has ruled in Calabretta v. Floyd that as a general rule, unreasonable searches and seizures are banned and it presumes that all warrantless searches are unreasonable. The only exemptions for not getting a warrant (aside from voluntarily agreeing to a search) during the course of an investigation for child abuse are twofold:

1. That the social worker has in his or her possession evidence that would establish probable cause, and

2. There are exigent circumstances (meaning there is an emergency) threatening the health or welfare of the child.

Remember, the Constitution has the Bill of Rights in it for a reason. Use it or lose it, it's your choice. The more people lay down and accept government intrusions into every corner of their lives, the more we become like doormats and are about as useful.

"If ye love wealth greater than liberty, the tranquility of servitude greater than the animating contest for freedom, go home from us in peace. We seek not your counsel, nor your arms. Crouch down and lick the hand that feeds you; May your chains set lightly upon you, and may posterity forget that ye were our countrymen." ~ Samuel Adams

Posted by Vikor, Boron, CA on July 28, 2009:

Last Oct 2008 I was pulled over and cited for going "too slow", by the Edwards AFB Security Policeman. I tried to explain what the law said but she would not hear of it. At the trial the Judge called the Law Enforcement Airman and Federal Prosecuter incompetent. Earlier this month I was stopped by a Edwards AFB Security Policeman for going too slow in a construction zone. I once again explained that many of the traffic control signs were missing and I was abiding by the last speed limit sign I has passed. He wanted to just argue so I said let me go or give me a ticket. He let me go and when I complained about his behavior he lied as to why he stopped me and what the conversation was about. I now have my car wired to record all of my law enforcement traffic stops for my own protection. Why are there just enough Barney Fifes in this world to screw up the public's view of "Police competency"?

Posted by Karl, Los Altos, CA on September 22, 2009:

Vikor mentions having wired the car to record any traffic stops. I think that this is an excellent idea in theory, but I've heard of people being arrested on the spot as soon as the cops discovered that a tape recorder was running. Is it legal to record the conversation secretly? Legal only if you announce it to the officer first? Or just plain illegal? If you do inform the officer that the conversation is being recorded, and he requests (or demands) that you not do so, are you required to comply?

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Laws vary by state, but I think that one should be able to record anything in or near your car. Certainly the police do that! -rc

Posted by Ken, Toledo on December 18, 2009:

In the event you are taken in to custody while in possession of a legally-carried firearm or other weapon, what is the safest way to advise the arresting officer of that fact and turn over to them?

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I hope an active-duty cop will weigh in on this, but assuming you're not being wrestled to the ground, what I would do is hold my hands out to plain view, make eye contact with the officer, and say "I have a licensed pistol on my right hip" (or wherever), and then don't move until s/he gives you instructions. I had a similar thing happen: someone gave me a BB gun, back in the days when they were made to look like "real" guns, unlike these days (and long before I was a medic and cop). I got pulled over by the California Highway Patrol, and he asked for my license and registration. I popped open my glove box and saw it in there. I immediately took my hand away, got the officer's attention (he didn't happen to be watching), and said "There's a toy gun in my glove box." I let him reach in and retrieve it, rather than make any move toward it myself. He commented that it was smart of me to handle it that way. He was impressed enough, I guess, that he didn't give me a ticket, either! -rc

Posted by Ed, Toronto on January 3, 2010:

I have to say that this all strikes me as rather paranoid. Are the police really the bad guys, out to "get" someone - anyone - and you'll do just fine? If so, we're doomed no matter what we do, since they can just make up any lie they want anyway.

No, to me they are still the good guys, trying to protect the rest of us good guys. I think most people agree, which is why police generally have such high credibility with juries. Can you imagine if no one talked to the police? Would any crime ever be solved? I think some judgment is needed. Sure, you can insist on your full rights. So can the policeman exercise all of his. Then, instead of clearing up matters quickly and going on your way with your speeding ticket or just a warning, you find yourself in the back of a cruiser or in a station for hours.

To be fair, RC's original comment refers to a police "interview", i.e., you've been taken into the station for questioning. Sounds a lot more serious than a simple ticket, thus requiring a lot more caution. But the fast-talking lawyer doesn't seem to draw any distinction.

Posted by Bergman, Seattle WA on January 3, 2010:

The problem is, there is no way to know if you've met a Good Cop or an Asshole Cop or a Having A Bad Day Cop until you either stand on your rights or don't.

Even in the case of the Good Cop, if you honestly forgot you had your [insert illegal item here] in the car, or simply were unaware it was illegal where you've been pulled over, even the Good Cop will haul you off to jail.

Gambling a huge fine or long jail time against a policy of always being nice to people is silly. And people who do it probably deserve what they get, when they meet the Asshole variety.

Posted by Ian, Camberley, UK on May 22, 2010:

The UK version of the "Miranda rights" includes the sentence "It may harm your defense if you do not mention, when questioned, something which you later rely on in court." It's only after watching this video that I realise it's a case of "Morton's Fork" talking to the police - damned if you do and damned if you don't.

Posted by Ron NY USA on July 12, 2010:

I noticed several people asking about legality of recording in a vehicle. Contrary to what seems reasonable, this link says that at least three states have now made it illegal, even to the point of being a felony, to record police officers. This should be convincing us to be extremely careful about what we say to any public authority. The irony of so many police using video to help convict you, but making it illegal for you to create an independent video in case they "happen" to lose theirs, is beyond belief.

I hope the citizens in those states make it a cause to reverse these laws, but I'm not really hopeful. Too many politicians and others think they are "soft on crime" unless they support the Police, even when they are actually wrong.

For those who may be offended by the language or attitude of this link, I apologize but strongly urge you to look past it to the underlying points made.
cracked.com article: Completely legal ways cops can hurt you