this post was submitted on 25 Sep 2024
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I hate advice like this because you just say empty terms like "obey lawful commands" after saying to not do anything. The question is how do we do this practically. Cops can lie. They can just say whatever is a lawful command. This is why this sort of advice needs to be more specific.
A good example, presenting your driver's license for traffic stops. That's usually a law, is it not? But you say to not consent to searches or seizures. The whole reason people ask for specific practical advice is because they don't wanna get fucked over by the cops but also don't wanna get fucked over for unintentionally pulling sovereign citizen like bullshit.
If you are operating a motor vehicle, you are required to hold a license to operate that vehicle. Ergo, if you are operating the vehicle, the police can ask for proof of your licensure to operate that vehicle, and you are reauired to prodice it. That is not covered under search and seizure.
Then people giving this sort of practical advice should explicitly say that lest someone get arrested for failure to present a license or whatever.
The litmus test for whether something is a lawful order is to ask what will happen if you refuse. If the penalty for refusal is your arrest, say that you would prefer not to but will comply under threat of arrest. If it actually wasn't a lawful order but you complied to avoid arrest, you'll learn from a lawyer and get to sue over that.
As somebody else noted, driving is a privilege, not a right; if you're pulled over for a traffic offense, you're obligated to hand over your license and other related documents as requested depending on the state, probably registration and proof of insurance. If you don't, then in many states it's assumed that you were driving without being licensed to do so, and you're probably going to jail.
On the flip side, if the cop asks to search your vehicle, you can tell him no. Don't stop him from doing it anyway, just reiterate that you don't consent to it and fight in court. There are some situations (like you're under arrest and your car is being inventoried and impounded) in which they don't need your consent to get in your car. Probable cause also gets them access to your car without your consent.
If you're asked to do a field sobriety test, just refuse. Same for a breathalyzer. They'll probably take you in and have you use a lab machine at the station, but that's preferable to their bullshit games if you know you're not doing anything wrong. Make quantitative science be the only evidence. Don't drink and drive in the first place and you'll be fine on that front.