Comment Re:Enforcing pot laws is big business (Score 1) 484
Or, "Charge me or let me go. I'm calling a lawyer."
If they're calling in someone, I'm calling in someone too. And if they don't let me without me formally being under arrest for a charge, then I'm suing their asses.
Well, yeah, that's the right answer, but it doesn't always work. And it's pretty hard to sue their asses. Some states have sovereign immunity. So that family whose infant was horribly burned by a flash-bang explosive in a no-knock warrant can't sue the state, and is stuck in bankruptcy with a million dollars in medical bills.
Monica Lewinsky also said she wanted to call her lawyer, but they wouldn't let her do it.
All they have to do is take away your cell phone. And if you resist their illegal seizure of your cell phone, that's a felony.
A friend of mine in college was busted for pot, and the cops gave him the Miranda line, including, "You have a right to a lawyer." He said, "OK, I want a lawyer." The pigxxxcop said, "Shut the fuck up, you're not getting any lawyer." They wanted him to rat on the biggest dealer at Stony Brook, whom I will only refer to as "Howie X."
As a practical matter, you can assert your rights and the pigsxxxxcops can ignore you, and keep threatening you. They can lie and plant drugs and guns on you. There were a series of cases in New York City where the pigsxxxxcops were arresting innocent people on the street, and planting guns on them. They had a choice between staying in jail indefinitely, and risking a 15-year felony, or pleading guilty to a misdemeanor, and getting 6 or 12 months, which was usually the time served. One guy managed to fight it on principle, and he was lucky enough to find a lawyer who was also willing to fight it on principle.
Even when I get stopped by the pigsxxxxcops, I'm not sure what to do. Do I have a legal obligation to identify myself? Do I have to show them identification? What would happen if they just lie in court?