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Comment: Re: Understand your rights!! (Score 1) 291

by JonathanR (#48848573) Attached to: Innocent Adults Are Easy To Convince They Committed a Serious Crime

Whether something is asked in a form of a question or stated in the form of an announcement has a big difference to the psychology of the situation. You should have a look at Neuro-Linguistic Programming. While this isn't NLP exactly, it's kinda close.

Coppers invariably begin fishing encounters with small-talk; as if they're being friendly and courteous. They'll never be explicit about you being detained or otherwise. On the surface, I suppose they are being courteous; except, since I view them as professional predators, I'm aware they invariably have an ulterior motive. A general member of the public, if they have need to stop someone to ask something, will usually express an apologetic tone for their intrusiveness, and thank profusely for your help, even if you couldn't help. Whenever did you encounter such a tone with an LEO? I'm betting never.

In the instance you relate, the coppers started telling you they were looking for a suspicious person; which is small-talk. You could simply say, "sorry, I don't know that person, I cannot help you." and "Have a good day sirs!". On you go. They never were explicitly detaining you (according to your account), so you should, IMHO, presume they're not. Of course, if they become agitated and edgy, you can always wind back the indifferent assertiveness and go with their flow.

The political class and their praetorian sycophants have way too much power, simply because power is there for the taking.

Comment: Re: Understand your rights!! (Score 1) 291

by JonathanR (#48847611) Attached to: Innocent Adults Are Easy To Convince They Committed a Serious Crime

Did I suggest simply walking away? I don't think so. What I was suggesting was to turn the "question" into an "announcement". It alludes to the same issue - whether they have cause to detain. If they have cause, they still can prevent departure; it's just that they have to explicitly do it, rather than rely on the Stockholm Syndrome effects to keep their target around.

BTW, the phrase "am I being detained or am I free to go?" is not "Police terminology". It is just a convention that has evolved. It has no special legal origin.

Comment: Re: Understand your rights!! (Score 1) 291

by JonathanR (#48843723) Attached to: Innocent Adults Are Easy To Convince They Committed a Serious Crime

Having watched a string of youtube videos of immigration checkpoints and open-carry encounters; I notice that people often ask if they're being detained or if they're free to go. I wonder if this unwitting asking of permission actually grants the LEO significant psychological power in the situation. I haven't had the opportunity to try it yet, but I'm thinking that a cheerful announcement of an intention to leave would then put the LEO on the defensive and force him/her to say that you can't leave and enunciate a cogent reason why (particularly if you ask "why?" when they tell you that you can't leave).

The Stockholm Syndrome is strong in most people, unfortunately.

Comment: Re:Reid Technique (Score 1) 291

by JonathanR (#48843683) Attached to: Innocent Adults Are Easy To Convince They Committed a Serious Crime

The thing to allude in any police interview is that if they have sufficient evidence with which to prosecute; have at it; get on with the prosecution. If they're looking for further evidence to pad their sketchy allegations, you're not going to be foolish enough to provide it. Thus, the interview is concluded.

Comment: Re:illegal taxi:$100 Obstruction of justice: jail (Score 1) 299

by JonathanR (#48824723) Attached to: Uber Suspends Australian Transport Inspector Accounts To Block Stings

Oh lookee! Someone didn't even do some basic research before making his unfounded assertions.

http://www.food.gov.uk/busines...

"You must register your premises with the environmental health service at your local authority at least 28 days before opening – registration is free."

And:

https://www.gov.uk/food-busine...

Contact the council to register your business if you want to carry out any ‘food operations’.

Food operations include:

        selling food
        cooking food
        storing or handling food
        preparing food
        distributing food

Comment: Re:illegal taxi:$100 Obstruction of justice: jail (Score 1, Insightful) 299

by JonathanR (#48818899) Attached to: Uber Suspends Australian Transport Inspector Accounts To Block Stings

I think you've completely missed the notion that Uber hasn't exactly asked permission to operate in the first place. If they had applied for some kind of license to operate in the first instance then sure; the license could be revoked. Since there isn't one, Uber can operate their business however the hell they want to.

Comment: Re:illegal taxi:$100 Obstruction of justice: jail (Score 2) 299

by JonathanR (#48818815) Attached to: Uber Suspends Australian Transport Inspector Accounts To Block Stings

How would launching civil litigation to uphold a contract be subject to "fines" or "contempt"? At worst, someone might get declared a vexatious litigant; but that takes a big effort involving repeated frivolous pleadings. And why would it be dismissed with prejudice? What is your reasoning?

I can't believe the post was modded "Informative".

Comment: Re:illegal taxi:$100 Obstruction of justice: jail (Score 1) 299

by JonathanR (#48818759) Attached to: Uber Suspends Australian Transport Inspector Accounts To Block Stings

Both of your counter-examples are not comparable, since they involve access which is codified under the particular legislation/statute. The inspectors have no legislative power that enables them access to the Uber app from any particular phone number/IMEI etc.

I used the "fifth amendment" as an example. Encryption is used in Australia also.

Optimism is the content of small men in high places. -- F. Scott Fitzgerald, "The Crack Up"

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