Detained in Concord For Being Out Late At Night

June 29, 2010 by Brad
Filed under: Copwatch, Issues, Police

Last night Concord, NH area liberty activist Garret Ean was detained for the crime of being out late at night and for looking generally youthful in appearance. I’d like to start a discussion on how I believe Garret (and possibly you) could handle this situation better in the future if confronted by the police.

To begin… please listen to the Porc411 call he made —> 2010-06-29_03-00-58.mp3

I believe Garret should have remained perfectly silent and not answered a single question from the police. He voluntarily gave his information to the government when he did not have to. The officer claimed that he was looking out for his “safety” and that children sometimes make poor choices. Whatever. The fact is that Garret was under no obligation to speak to the government. The only thing he should have said is a question: “Am I being detained?” If the police say that you are, start your stopwatch. Keep track of the length of your detention. A roadside detention or traffic stop does become a de facto arrest if the police prolong it without justification.

The government does have the statutory authority to take children who are under the age of eighteen into custody so that they may “protect” them. The government cannot take someone who is OVER the age of eighteen into custody in this manner… and if they do simply because someone is youthful in appearance, they are risking a decent civil-rights violation suit for false arrest. The onerous is on the government to prove that they were acting reasonably. Many adults appear to be under the age of eighteen and this being the case simply does not give the government carte blanche permission to take an individuals freedom away until they can prove otherwise. To do so would completely reverse the manner that the government is supposed to operate in the first place.

Dealing with the police is intimidating. I’d like to help arm you with knowledge so that you can be a little less intimidated.

Remaining perfectly silent and/or only asking questions means the police have absolutely no evidence to use against you for anything. It is a blank page on a report. Any criminal defense attorney will tell you that my advice is correct, just ask one.

Loose lips sink ships.

Shall we discuss?

Comments

8 Comments on Detained in Concord For Being Out Late At Night

Hunter Freeman on Wed, 30th Jun 2010 1:41 am

I 2nd that advice. While you may get a ticket if you get pulled over by the police, that is small in comparison to the problems you may have if you accidentally incriminate yourself or mistakenly tell an officer something he later finds out to be false. Remember only the cops can lie.

You should always error on the side of caution when dealing with someone who could put you in a cage for no other reason than they feel like it. Good article Bradley !

Giggan on Wed, 30th Jun 2010 9:53 am

There’s a little more to this story as well…

After the one recording that ends with me saying I’m turning off P411 under duress, the ‘midnight shift supervisor’ forcibly grabbed the phone out of my hand and turned it off (the call had already ended, he just wanted to assert himself, and didn’t want to be recorded saying what he said). This was after three other officers had told me to stop recording, but allowed me to continue after I explained that I knew the statute, and that what I was doing was legal. I’m going to be writing a letter to the editor about it.

Keith on Wed, 30th Jun 2010 6:01 pm

So NH isn’t one of the states where you have a legal requirement to give up info like Name and Residence at any time for any reason?

Garret, you should file a complaint with the Concord cops for stopping you, which is a clear violation of the intent of the law and also for taking you phone, which is a crime.

Giggan on Thu, 1st Jul 2010 12:18 am

I’m currently contemplating making a formal complaint, but I don’t expect it to go anywhere. The fact that I was physically assaulted by the head bureaucrat bothered me much more than the stop itself, but neither were my idea of fun.

Thread with a LTE I’ve written:
http://forum.freekeene.com/index.php?topic=3404.0

Paul on Thu, 1st Jul 2010 11:26 am

Make the complaint, even if they’re going to ignore it.

Is a lawsuit possible?

Gabe on Thu, 1st Jul 2010 1:14 pm

Remaining perfectly silent and/or only asking questions means the police have absolutely no evidence to use against you for anything. It is a blank page on a report. Any criminal defense attorney will tell you that my advice is correct, just ask one.

Bradley – I think that’s no longer true, actually. You need to at least say that you’re invoking your right:
http://en.wikipedia.org/wiki/Berghuis_v._Thompkins