From: [k--l] at [genesis.MCS.COM] (Karl Denninger)
Newsgroups: misc.legal
Subject: Re: What to do when the police stop you (was Re: Cocaine-Tainted Dollar Bills)
Date: 8 Aug 1993 12:12:24 -0500

In article <[1993 Aug 8 111020 19622] at [midway.uchicago.edu]>,
J. Dunlevy <[d--l] at [midway.uchicago.edu]> wrote:

>"Those few with heart enough to ask whether they are under arrest are
>often answered with a question:
>'Why? Do you want to be?'
>'No.'
>'Then sit the fuck down.'"
>Cops are tricky. You have to be explicit in invoking your rights,
>otherwise you "waive" them.

The correct response to "Why? Do you want to be?" is "You did not answer my
question.  Am I under arrest?  If I am not I desire to leave now."

That sharpens the point a little, but is still non-confrontational.  

The next round is to state that "Under the Constitution and Bill of Rights of
the United States, I am free to leave unless I am being detained or
under arrest.  I desire to exercise those rights.  I desire to leave now. 
May I leave?"

If the discussion continues beyond this point you're probably detained or 
under arrest from a legal perspective.  If you're still in the building at
this point then your next utterance ought to be "I want a lawyer.  Now."

--
Karl Denninger ([k--l] at [genesis.MCS.COM]) 	| You can never please everyone except
Modem Access: [+1 312 248-0900]		| by bankrupting yourself.
Voice & FAX: [+1 312 248-8649]		| Internet in Chicago; a MCSNET first!