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Monday, December 16, 2013

What Amanda Billy Rock Should Have Said to the Police


For those of us that saw the Amanda Billy Rock video of her arrest, we saw that Amanda complied with the police officer and provided her with her driver's license and registration, but then refused to say anything more to the police.

On Amanda's Facebook page, Robert Everman had these insightful comments:
For all of you who are saying that she just should have answered the cops' questions, I strongly suggest that EVERYONE watch this video. It's a bit long, but well worth your time! It is a law school professor and a 20+ year veteran police detective explaining exactly why you should NEVER talk to the police except to tell them that you will not answer their questions.
http://youtu.be/6wXkI4t7nuc

Say this:
"With all due respect officer, I wish to invoke my 4th and 5th Amendment rights. I do not answer questions from law enforcement without my attorney present nor do I agree to a search of my person or property. I would like to leave now, am I free to go?"

Memorize that, it is all you should ever say to law enforcement. They may continue to ask questions, but you just ask them "am I being detained?" if they say no, then repeat that you want to leave and ask if you are free to go. Do not attempt to leave until they say you are free to go. Legally you should be able to, but it will not go well for you! Just rinse and repeat "am I being detained?..Am I free to go?" until they let you go. Do not ever say anything else.

It is your 5th Amendment right to not incriminate yourself, and you are not a legal expert so without your lawyer present you have no idea what will be used against you. (The video gives great examples of this!)

You must make it clear that you wish to leave, otherwise they can later clam that you were there of your own free will. They MUST state that they are detaining you (meaning that you legally may not leave, this legally changes your status), and they must have a valid reason to do so. If they say that you are being detained, then at that point you should completely stop talking. They may not give you the reason at the time, do not argue that point! Just sue them later. Also, never physically resist, even if they are violating your rights, just sue them later.

Amanda was technically in the right, but she should have at least stated why she was not answering. I suggest using the line I quoted earlier. It may frustrate the cops, but it gives them a better idea of what they are dealing with. Protest is great, but the way Amanda did it they didn't even understand that she was in fact protesting. They probably just thought she was to drunk to speak or comply with their illegal orders like a good little sheeple. Good luck Amanda!

Rather than try and memorize this and hope you remember it under the stressful circumstances of a confrontation with police, I urge you to copy this, print it out and carry it in your wallet. Then you will have it with you for that stressful time. You just never know what situation you may find yourself in, in the future, and this might help. Police carry the Miranda warning on a piece of paper, this is what you should carry. Put it in your wallet, right next to your license:
 With all due respect officer, I wish to invoke my 4th and 5th Amendment rights. I do not answer questions from law enforcement without my attorney present nor do I agree to a search of my person or property. I would like to leave now, am I free to go.
Here's the video that Everman also linked to:


Amanda Billyrock Arrested in Laconia, New Hampshire

Libertarian activist Amanda Billyrock has released the following statement on her Facebook page:
I have recently been released from the jail in Laconia, New Hampshire. Home now.

My inexpressible gratitude to all of you who called the jail and spread the word about my sudden and violent kidnapping. I had no idea that there had been so much support - I teared up when I logged onto Facebook and saw it.

My deepest thanks to the Free State Project community, without whom I would still be in a cage right now.

The details of this incident of unwarranted aggression will be released after I pull myself together and sort things out with my attorney Seth Hipple.

Thanks again, brothers and sisters. The free society is us.

 Here's a video of what went down.

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