Confederation of Clubs San Diego

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“Transportation Stop” Action Script.
TO BE PRACTICED AND MEMORIZED!!

   

    1) For the record, may I get your name and badge number please?

    2) Officer _____________, is there a recording being made of this encounter?
            a. Officer _____________, is that recording comprised of both audio and video?
            b. Officer _____________, are you relatively certain that your recording equipment is functioning properly for the purposes of making this recording?
            c. Officer _____________, is your body microphone and camera, if any, turned on and functioning properly to the best of your knowledge?
    3) Officer _____________, what is the emergency and how can I help?
    4) Officer _____________, what facts or information are you alleging gave you probable cause to stop and accost me?
    5) Officer _____________, do you have a properly signed and issued warrant authorizing you to search me or my property?
            a. (IF YES) Officer _____________, do you currently have that alleged warrant in your possession, if so I would like to see it please?
    6) Officer _____________, do you have a properly signed and issued warrant of arrest that accurately describes or names me as the person to be arrested?
            a. (IF YES) Officer _____________, do you currently have that alleged warrant in your possession, if so I would like to see it please?
    7) For the record, I am not “operating” in a “for hire” capacity by engaging in any form of “transportation” or other commercial use of the highways. Officer _____________, please acknowledge that you have been so informed.
    8) Officer _____________, am I under custodial arrest?


Simply repeat the verbiage in items 9 - 11 as necessary at nauseum.


    9) If I am not under custodial arrest then am I free to go?
    10) Officer _____________, what is the articulable probable cause that leads you to believe that I have committed or am about to commit a crime that authorizes you to stop and detain or arrest me?
    11) For the record Officer _____________, I feel threatened and unsafe in your presence, and I do not consent to any of your actions or to being forced to exit my car for any purpose.
   

    12) And also for the record Officer _____________, in order to protect my rights and not waive any by error or accident, I wish to clarify my legal understanding of the situation:
            a. You said that I am not free to go, so, I must conclude that I am in a custodial arrest and not simply an investigative detention.
            b. Therefore, I am invoking all of my fundamentally protected rights, including my right to remain silent and my right to assistance of counsel.
            c. From this point forward I do not consent to providing you with any information or documents that could or will be used against me in a court of law or to possibly incriminate me, so please do not ask me to produce anything and give it to you.
            d. From this point forward please do not ask me any questions relating to any matter whatsoever without my attorney present.
            e. Officer _____________, do you intend to harm, injure, or punish me by any method of assault, arrest and/or incarceration because I have invoked these fundamentally protected rights?
 
  When you refuse to produce the demanded documents or answer any questions, the officer is going to begin to get upset and continuously state that “… the law REQUIRES that you produce a driver’s license and other information on demand of a law enforcement officer.” They are also prone to falsely accusing you of obstructing or interfering with a public duty/officer. DON’T FALL FOR THIS, IT IS A SCARE TACTIC! Invoking and refusing to waive your fundamental rights is not and cannot be converted into a crime. And if they DO arrest and charge you falsely for interfering/obstructing then you get to sue the crap out of them. Just remember, when the officer(s) continue to demand that you produce a license, registration, proof of financial responsibility, or any other information or document(s), despite their threats, repeat the following at nauseum:

    13) For the record Officer _____________, no law is valid if it requires me to wave any fundamentally protected right in order to exercise any other right or an alleged privilege or that attempts to convert the free exercise of any right into a crime. I choose not to waive any of my fundamentally protected rights. So, I ask you again Officer _____________, do you intend to harm, injure, or punish me for invoking my fundamentally protected rights?
    14) Officer _____________, you are fully aware that I have already invoked my fundamentally protected right to remain silent and my right to assistance of counsel. I believe that the information you are demanding may possibly be used against me in a court of law or in an attempt to incriminate me. Do you intend to continue in your unlawful efforts to violate my rights?
            a. (If you DO NOT have legal counsel) If so, then until I have the aide of legal counsel, I must respectfully decline to provide you with any information or possible evidence that can or would be used against me for those purposes.
            b. (If you HAVE legal counsel) If so, then upon the advice of legal counsel, I must respectfully decline to provide you with any information or possible evidence that can or would be used against me for those purposes.

  WARNING: Be certain to keep your face as far away from the window opening as possible. Never exhale or speak directly into the opening or toward the officer(s) face(s). Doing so will almost certainly result in the following scenario. Read the Do’s and Don’ts below to better understand why. If the officer makes any statement directed toward escalating the stop to the status of a DUI or drug bust situation, and they almost certainly will, you MUST be prepared to rebut it INSTANTLY. If any officer makes ANY statement resembling the following, BEWARE!!

OFFICER: “Sir/Ma’am, I smell alcohol/marijuana and I am going to have to ask you to step out of the vehicle.”
    15) Officer _____________, your statement is patently false and an outright lie. Are you now trying to fabricate probable cause by making false statements into the record and false allegations against me?
            a. Officer _____________, I have already invoked my fundamentally protected rights to remain silent and to assistance of counsel, therefore, I must respectfully decline to comply with your orders or provide you with any information or possible evidence that can or would be used against me in a court of law.

FREEDOM UNIVERSITY

Transportation Script