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Law Office of Michael J. Kennedy

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You Don't Have To Talk to Cops or Consent to Searches; and you should not!

Again, I am asked, don't I have to [let the cops search; talk to the cops]?  NO!  Consider the police to be strangers.  If a stranger walked up to you and asked where you were going, where you were coming from, what you are carrying, what have you had to drink, etc., or if he could search your pockets, what would you say?  Would you obedientlyy give substantive answers or consent to searches, or would you say "no," and "none of your business"?  If the latter, then that should be your attitude toward a cop asking those questions; if the former, then you are an irresponsible fool who gets what he deserves from the cops!

You never need to talk to the cops; you never need to consent to searches; and you should not. They are not there to help you; they are there to help themselves by making an arrest or by putting a case together.  [Of course, since the Constitution has taken flight in this State, if you are arrested for drunk driving, you do have to submit to a chemical test, on pain of refusal administrative sanctions, but you still need not speak [other than to make a choice of tests], and you need not allow searches {other than to not resist the chemical test}.]  The Framers would not have allowed such, but we are a long way from the regime of liberty envisioned by them.

When the Man comes around, just say "no" to requests for statements and requests for searches.  Just say "no."

Michael Kennedy

Admitted to Bar, State of California, 1981 Education: Widener University, Chester, Pennsylvania (B.A., 1970) Southwestern University School of Law, Los Angeles, California (J.D., Scale, 1981) Harvard Law School, Program of Instruction for Lawyers, Cambridge, 1987

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