I Will Not Talk Without Immunity (Jamaican Style)

Peaceful Politics 104
Reading Time: 15 minutes

Greetings, Mr. Desk Sergeant, Mon – Cool Runnings!

My name is Winston Reginald Campbell but friends call me “the Ras”.

My involuntary presence here at your Police Station tonight, is because of the imbalance of power where Government has a monopoly on the use of force and aggression upon captive citizens; extorting Tribute from various Protection Rackets and Initiating Violence and Threats of Violence as a Solution, Mon.

Yes Sarge, I & I does actually have a specific complaint to make. And thank you for the bottle of spring water.

During a stop for an alleged but non-existent traffic violation, your Officer demanded to see my driver’s license and other documentation.

At first, I & I told Officer 641 – “I’m sorry, I’m in a hurry so I & I doesn’t have time to talk to you right now”.

The System is setup to presume that everyone already knows their rights and what all the laws are – ignorance is no excuse they say – so if someone “waives” their rights or breaks some law, it must be what they intended to do.

On top of that, you Police can do anything they want out in the real world – some of you will even lie about it afterwards.

The public never really knows what to expect from Police – if you think we know our rights, many Policemen may treat us fairly and respectfully, but with others, standing up for our rights might get us tased, shot or worse.

I & I always has to watch out for the “limits” of I & I’s rights.

Every American citizen has the constitutional right to be free from unreasonable search and seizure – and to be secure in their person and their papers.

Police face volatile and dangerous situations that can potentially threaten both your Officers and the public.

Of course they have the right to search for weapons if they feel themselves in danger – but they are not allowed to search randomly for other items.

Right Sarge?

A lot of times, Police searches are legal simply because the person didn’t object, so the System presumes “consent” because there was no verbal objection.

Sarge, just the sheer complexity of modern criminal law, codified in several thousand sections of the United States Code, and the virtually infinite number of factual circumstances that might trigger an investigation into a possible violation of the Law – make it difficult for anyone to know in advance, just when a particular set of statements, might later appear to a prosecutor, to be relevant to some investigation somewhere.

That is why I & I plead the Fifth and refused to give a statement to your Duty Officer, after being wrongfully arrested and brought here to the Station against my will.

No. Thank you very much Sarge – but I & I don’t want to have a lawyer provided.

On the street I hear that lawyers like to enter a plea of “not guilty” even before formal charges are filed – usually within 48-72 hours of arrest (except Sundays and holidays) – but then, that sensible-sounding “not guilty” plea would automatically lock I & I into criminal proceedings with your Babylon System.

I & I am planning to get this foolishness dismissed personally, long before arraignment, or, failing that, I & I will get a lawyer who will.

Police know that we have rights, but you always hope that we citizens don’t know what they are. You don’t want people to know that that it is their lawful right to say “no” to a Policeman’s request.

All Police want citizens to believe in is urban legend – like the one that if an undercover officer is asked if he is a cop, he must admit it, but the fact that a police officer lied to a suspect about being law enforcement does not by itself establish the “entrapment defense”.

I & I can never seem to get a clear answer on these things, or by the time that I think I do – “the few” change the law again.

Whenever I & I think that I am up to date on which “old” rights and liberties I & I no longer have – another Patriotic Act comes along to take more away.

So much for having a general body of law that is generally known, and agreed upon, and understood, that applies to everyone and that everyone knows about ahead of time.

Many people get tricked into traps because they don’t understand that Police are always trying to get you to give up your rights. I & I read somewhere once that some lawyer said that 99% of the people in jail talked themselves inside.

The System says that as long as the police do not force an individual to do something, then it is a voluntary act – even if intimidation or implied threats of violence played a role.

When Officer 641 insisted that I remain – I & I asked him plainly – “Are you detaining me or Am I free to go?”

I & I asked this over and over to make sure he would have to lie in court if he says I didn’t ask that all important question.

If I & I don’t verbally ask if I can leave – your Babylon System will presume that I consented to whatever comes next, and that I & I wanted to be there cock fighting with Officer 641 on the side of the road.

Police are authorized by pieces of paper – and by their guns – to ask questions, look inside windows they happen to pass, and walk or drive around in public.

However – without a warrant or any suspicion of illegal activity – your Officers have a limited amount of authority to demand compliance, search, or to detain people or their things.

Right Sarge?

Anything that a Policeman asks I & I to do before an arrest is “voluntary compliance” – so I & I kept repeating, “No, I don’t think I’d like to do that” when your Officer kept insisting that I & I stay and answer his questions.

My Granny back home in Kingston used to beat it into my head – “Winston, never voluntarily talk to the police! Even if you know you are not are guilty of anything, it still isn’t a good idea because you never know how or where the conversation will end”.

Many “police harassment” cases begin with Police stopping people because they “look wrong” – then cops try to do what you Police call “fishing” – looking for a reason to arrest people when you didn’t have a reason to stop or search them in the 1st place.

Unfortunately, for the citizen – but not surprisingly – the System’s courts have not clearly established what Police can or cannot require from a person not suspected of criminal activity during a peaceful interaction or situation.

Everybody knows that some Cops are among the most dangerous people on the streets – so I & I pay full attention when talking with one of you.

My Granny always told me when I & I was growing up – “Winston, don’t ever give them a chance to find anything out – Just Say No to Police.”

Sarge, as you already know – one of a Policeman’s main powers is the ability to intimidate citizens into consensually waiving their rights.

I & I was trying to avoid a long and unpleasant interaction with your Patrol Officer on my one night off from work – but still – I & I was very courteous and responsive in declining to participate in Officer 641’s ‘fishing expeditions’ into I & I’s travel itinerary and personal affairs.

Many Police honestly believe that they are making the world safer – by enforcing the will of a few people claiming to be in charge from a room far away – by policing the paper policies issued by “the few” on the rest of the flesh-and-blood public.

In addition, Police are trained to use strength and force to get what those few people want everyone else to do, with fear and intimidation.

Police don’t have to read me my rights if I & I am not under arrest – so I & I better know what my rights are. Police can briefly detain me for various purposes, but can’t hold me unless I & I is under arrest.

At least you are not supposed to. Right Sarge?

Most people simply give in to Police ‘requests’ because they don’t know they have the right to Just Say No.

Plus, a lot of you cops like to play word games and mind tricks too.

I & I asked Officer 641 “Am I Free to Go?” – His reply ‘Not yet’.

I & I asked Officer 641 “Am I under Arrest?” – His reply ‘Would I like to be?’

I & I would ask Officer 641 “Am I Free to Go or Am I under Arrest?” He claimed he didn’t hear that question because his radio was squawking…

Officer 641 asked if I & I had any weapons or illegal drugs in the car but when I & I said “no”, he asked to check for himself – “Then you wouldn’t mind if I took a look in your trunk and glovebox.”

I & I asked him in return – “Is that a request or an order?” and “Am I a suspect in a crime?”

He ignored my questions and kept asking to search my vehicle, with more and more authority in his voice.

He did not have reasonable suspicion of intoxication or other facts that could be used to formulate reasonable ‘articulable suspicion’ or ‘probable cause’ that I & I had contraband or was is involved in a crime and I did not give him any reason to suspect me of criminal activity.

Refusal to allow a search is not probable cause, in fact, it is I & I’s right under the 4th Amendment.

Police are famous for asking confusing questions and then claiming that they misunderstand your answer to mean whatever they want it to mean.

Isn’t that not right Sarge?

Instead of just giving him a simple yes or no answer, I & I told Officer 641 peacefully and clearly – “I do not consent to a warrantless search of my vehicle”.

For all the public knows there is probably an unwritten quota system that rewards officers based on the number of searches and arrests.

Nuh true?

In dangerous or volatile situations, Police are understandably allowed to protect themselves from potentially dangerous people or situations, but that gives you wide latitude to do whatever you want, whenever you want – while telling us citizens to comply.

Next your Officer tried to trick I & I into consenting – May he search my car?

I & I reasonably told him – “I & I have been advised by an attorney never to consent to a search and would rather not let him search” – trying to give him the opportunity to back down gracefully.

It didn’t work.

Officer 641’s clever response was “Why, got something to hide”?

Several times I & I told Officer 641 – I & I did not have a weapon and that he would need a warrant if he wanted to search my car.

If he were obeying the law, he should have left I & I alone.

Just because I & I refused to be searched does not make me more “suspicious” or give him an excuse to search my property and belongings. Right Sarge?

Such an extended stop and roadside interrogation was not justified as I & I did not match the description of a “Wanted” flyer – and especially as I & I was not acting strange, or fearful, or making furtive movements.

By themselves, time of day and geographical surroundings are not sufficient to justify a search.

No” was my consistent reply – “I & I will not consent to a search of my car without a warrant” – while keeping I & I’s movements slow, physically relaxed and plainly visible.

Then he tried to ask more forcefully first and then threatened to arrest me and take I & I to the station.

When he said yes he was ordering me – I & I gently asked to avoid enraging him – “What law says that you can order me to do that?”

“You do not have my permission to search me or my car or my belongings”.

Of course, I & I was very careful to move slowly – to defuse any tensions and seem peaceful.

Finally Officer 641 said that yes he was detaining me – he wanted to search my car.

I & I said – “No, I have to go” – and he was supposed to let me go because he didn’t have specific and articulable facts that I & I was involved in any criminal activity. Right?

He said if I didn’t open my trunk and let him search my car he could arrest me and search the car down here at the station – implying that if I & I cooperated he would go easier on me.

I & I knew better than to think that more than a fractional minority of Police Officers would overlook anything illegal they found.

I & I told Officer 641 that unless he is ordering me to allow a search of my vehicle – I & I refuse absolutely.

I & I asked him if he had observed something about my behavior or character that linked me with criminal activity – or – if he had specific and articulable facts supporting a suspicion that I & I was involved in any such criminal activity, or if he was just detaining me on a hunch.

I & I have to admit that I & I was surprised that my use of big words like “detention” and “specific and articulable facts” did not get Officer 641 to back off, because as you and I & I both know, most of his power, like yours, is based on force, intimidation and the ignorance of the average citizen.

He should have known early out that I & I was not one to be bullied out of my rights.

Instead, he then proceeded to harass me for a good part of the evening to accept a search – even ignoring I & I when my final answer was still “no”.

I & I was at ease – trying to talk to the person behind the badge – but I & I was not surprised when he started becoming irritated, angry, and belligerent when I & I very clearly said “No, Officer #641, I would like to leave – I do not consent to any warrantless searches of my person, papers or portage!”

Officer 641 did not respond but instead tried to force me out of car, so I & I did not offer physical resistance or cuss or mouth off – fighting words are not protected free speech – I did not want to be charged with verbal assault on an officer either.

The moment Officer 641 pulled his gun – I & I did what he said.

Even if he was making me do something through force, I & I’s Constitutional Rights are less important than avoiding getting shot down in the street.

I & I remained calm – I can refuse to consent to a search, but, I & I cannot physically stop him.

I & I did not resist Officer 641 in any way – I & I did not argue or touch him or try to run away or complain or threaten him – every citizen knows better than to do such things.

I & I got out slowly in a calm, deliberate and reasonable manner – then politely and peacefully said – “I’m not doing this voluntarily, but under protest and duress, so if you search my car, without I & I’s consent or without a warrant, I will file Federal criminal charges”.

He proceeded with the search anyway, while I & I did my best to refrain from adopting any kind of threatening posture.

Sarge, I & I knows that you Police have a tough job to do and most are doing your best to keep our community safe. I & I did everything I could to give the guy a break.

Officer 641 did a pat-down search on the outside of I & I’s clothing for suspicious lumps that felt hard and bulky – but I already knew that Police are not allowed to search for anything except weapons.

If he felt something ‘suspicious’ – I & I did not have to show it to him.

Right Sarge?

Because Police can patdown anyone they have “reasonable cause” to believe is armed – it just becomes standard practice for them to pat everyone down – even without suspicion of a crime, or, “reasonable cause”.

Because I & I said “No” and Officer 641 searched my person and my papers anyway, any evidence he found could sometimes be suppressed or thrown out.

On the other hand, if I & I had agreed to the searches – voluntarily or under intimidation – I & I would not have grounds to dispute the evidence.

If he had found any…

I & I did not have any real reason to avoid being searched but my Granny back home in Kingston always told me that it is never in I & I’s best interest to help Police find potential evidence against me.

Just when I & I thought it was over, Officer 641 started writing up a ticket claiming I & I “rolled through the stop sign back there”.

Since I & I have the right not to sign anything – including the ticket – I & I refused to sign – and that is when Officer 641 said he was taking me into custody.

“Why am I under arrest?” I & I asked. “Do you have a high level of suspicion of my involvement in criminal activity?”

Officer 641 didn’t answer those questions either – he just brought I & I down here.

Your Duty Officer downstairs at the Front Desk asked if I & I would you be willing to answer a few questions and make an official statement?

I told her that I & I never talk to any police officer under any circumstance because the 5th Amendment provides that no person shall be compelled in any criminal case to be a witness against him or herself.

Furthermore, I & I will be choosing to exercise I & I’s right to remain silent and not say anything that could incriminate me.

That’s when they brought me up here to see you, Sarge.

It has been reported that the Congressional Research Service can no longer even count the current number of Federal Crimes on the books.

If even the Government has lost count, how can I & I, a civilian layman, be expected to keep up with the over 10,000 Federal Criminal Statues, that probably incorporate the provisions of another 10,000 other regulations by reference?

You guys have over 20,000 different ways of convicting I & I for something. Why would I & I take the risk of unknowingly implicating I & I self in some kind of criminal transaction.

My Granny didn’t raise no fool. I & I will not talk to you without immunity.

Contrary to popular opinion, there is no way that talking to the Police can help. The Police will not be allowed – at my request – to take the stand on my behalf and tell the Jury what I & I said, if it will help me.

Whatever I & I tell the Police – even if it is exculpatory – cannot be used to help me at Trial – that is what is know as hearsay – as the information proving my innocence originally came from me.

Whatever I & I tell the Police can only be used against me. Legally speaking – as a layman of course – it cannot be used for me.

Why should I & I risk talking to Police? How many people have really talked their way out of getting arrested???

Sarge, how many times have you taken handcuffs off somebody because of something they said or the extraordinary persuasiveness and eloquence with which articulated their innocence?

You and I & I both know, people cannot talk their way out of getting arrested.

Even if I & I was guilty of some crime – which I & I am not – why should I & I admit that guilt – without any benefit or concession in return?

However, it is the innocent that really need to watch out.

Truthful responses of an innocent witness can be used to help convict them. One of the Fifth Amendment’s basic functions is to protect innocent people that might otherwise be ensnared by the System and/or ambiguous circumstances.

What if I & I don’t entirely tell the truth – what if I & I get carried away, trying to prove my innocence under this stressful situation downtown here at the Police Station – or I & I make some other little mistake that you can prove?

I & I might get convicted and hanged on just that basis alone.

Sarge, did you know that it can be a Federal Offence to be in possession of certain kinds of lobsters?

The Lacy Act says it is a Federal Offense for any person to import, export, transport, sell, receive, acquire or purchase any fish, or wildlife, or any plant taken, possessed, transported or sold in a violation of any law, treaty or regulation of the United States, or any Indian Tribal Law, or any State, or any Foreign Law.

There is no man on earth that can honestly say with complete confidence that they know that they have not violated any provision of United States, or any Indian Tribal Law, or any State, or any Foreign Law.

Can you Sarge?

In situations where there’s a question between what’s legal and what’s safe, my bias is always to stick with what’s safe.

I & I will not talk to you without immunity, Mon!

I & I would not even have tried to stand up for my rights, unless I & I was prepared from the start to risk arrest or a night in jail. I would not recommend my actions to anyone else; it is just funny to sit here and see you get red in the face as if you were upset with me.

How do you do it, Sarge? Can you make your face get red any time you want to intimidate someone?

Officer 641 doesn’t seem know that trick yet.

Several times I & I asked the Officer 641 ‘Am I free to go?” and he would say No.

Then I & I asked him – “Why not?” and “What is the law that allows you to detain me?”

“I & I am not under arrest yet you say I cannot leave – can you clarify I & I’s legal status, please”.

During the entire episode I & I spoke calmly and slowly, interacting with Officer 641 courteously while listening attentively. Just because he claims I & I was “looking at him funny”, or had dreadlocks or that it was nighttime was not sufficient reason for to detain I & I.

When a Policeman makes a strongly worded request, the average citizen will usually voluntarily consent, not realizing that they are giving up constitutional protections against meddling and encroachment by the State into their private affairs.

Whatever results from my involuntary and illegal detention – either evidence or arrest – should not be useable against I & I in your Babylon court.

Nuh true, Sarge?

Sarge, even if I & I sat here and talked to you for 2 or 3 hours and, didn’t say anything incriminating or state a potential motive or divulge any possible opportunities – if Police end up in the possession of any evidence – even mistaken or unreliable evidence – that claims anything I & I said was false – I & I still go up the creek – when the statements I & I made, were in fact true.

Talking to Police is just not worth the risk to I & I’s freedom and liberty.

What if you have a false, mistaken and confused but sincere and credible witness, that can testify that something I & I officially said or signed tonight was False?

My Granny back home in Kingston always told me – “Every time you talk to the Babylon Police you will regret it”.

So you see Sarge, I & I refuse to give any official statement of any kind on any topic, unless I am granted immunity.

Like I & I said in the beginning, my involuntary presence at your Police Station, is because of the imbalance of power where Government has a monopoly on the use of force and aggression upon captive citizens; trying to impose one way of life on everyone and declaring it the ideal for all, Mon.

Oh! Thank you, Sarge – big up yourself. Those handcuffs were starting to hurt I & I’s wrists. Cool Runnings!

No Problem, Boss Mon. I & I is always happy to oblige an Officer of the Peace.

Hold on; Wait a minute Sarge – What? – Where are we going now? Why are you pushing?

But wait! What is going on? Where are you taking me?

I & I do not understand why I & I have to be hustled and bustled out the back door. Officer 641 brought me in – big and bold – through the front…

Duty Officer? Hello? What about my car? What about my cellphone and my watch? What about the case?

Does this mean I & I have immunity??

Hello? Anybody home???

Guess this means I & I am free to go…

Nuh true Sarge?!?

Dedicated to the Human Son I will leave behind on this strange planet.

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