09/27/2021
Scoop Cooper Thank you for this masterpiece! Stancil, "Clyde Stancil I hope you self apply this knowledge Yes I am perfectly aware of that (See Berghuis v. Thompkins, 560 U.S. 370 (2010)) and that is why it is important to IMMEDIATELY invoke your Constitutional rights and then shut up. Nothing you say can ever help you, only be used against you. (See #5 below)
Here is what to say (or supply in writing) to any LEO who approaches you unsolicited and starts questioning you. These are your Constitutional civil rights. The reason for doing this is because disclosing your personal information to police when not required by law, answering any questions, and/or volunteering any information creates a “record” of contact with law enforcement over which you have no control and which can haunt you down the road depending on what the LEO says in his/her incident report which is more likely than not to be negative, false and/or outright lies.
I am going explain to you the Constitutional rights of myself, yourself, and every other person in the United States. As a sworn law enforcement officer (“LEO”) you are subject to and bound by the provisions of Article VI, Par 3, Cl 1 of the 1789 Constitution of the United States to support and protect these rights of everybody with whom you come in contact. Through your training to become a LEO you have already been made fully aware of these rights, but I am going to advise and explain them to you again anyway. Please be aware that if you attempt to violate ANY of these rights in your contact with me, you will not be able to use “qualified immunity” as a defense and will be subject to both Federal criminal and civil process for “deprivation of rights under color of law” under 18USC§241-242 (criminal) and 42USC§1983 (civil).
Under Art. VI, Par 2 of the Constitution (the “Supremacy Clause”) and the holding of the U.S Supreme Court in “Marbury v. Madison”, 5 U.S. 137 (1803), the provisions of the 1789 Constitution, the 1791 Bill of Rights, and the other 17 Amendments subsequently ratified by the several states, all Federal criminal and civil laws, regulations, rules, etc. not reserved for the states are SUPERIOR to any and all state, county, municipal and other local laws, ordinances, regulations, policies, etc that conflict therewith in any way. I hereby invoke ALL of my Constitutional rights and protections, and especially (but not limited to) those specified in the 1st, 4th, 5th, 6th and 14th Amendments.
1) I did not call you nor do I need your help. Therefore do NOT ask me any questions because I will not answer them. That especially includes demanding or requesting my “ID” or any personal information. That violates my 4th Amendment rights and is not going to happen.
2) Don’t ask me to do anything “real quick”, “as a favor”, because you are “just curious” or “trying to figure out what’s going on”. None of that is your business and is not going to happen either.
3) I do not consent to any warrantless searches or seizures of my person, houses, vehicles, papers and/or effects as that violates my Fourth Amendment rights.
4) The Fifth Amendment to the Constitution guarantees every person the absolute right to remain silent which thus permanently exempts everyone from ever being legally required to actively or passively participate in or assist law enforcement in any “investigation” or other police activity. Therefore my declining to speak, assist or participate in any manner in your “investigation” or your performance of “official duties” can never constitute either “interference” or “obstruction” in any form.
5) Do not presume or assume that I necessarily accept or believe that anything you may say and/or claim is true. My silence in response to anything you say, imply or have inferred (including “OK?” after a statement you may make as a means of seeking my implied agreement and/or affirmation) or to any question you ask never means I accept, concur or express by implication any acquiescence, rejection, particular position and/or subjective or objective view one way or another. It just doesn’t. This is especially the case if you claim that I “have to understand” (and thus imply that I must agree to) what you say, that I “match the description of” a suspect, use the phrase “in this day and age”, or because you “have to write a report” as legitimate reasons to justify your actions and/or attempts to violate my rights. I am well aware that those are all just false pretextual canards and/or constitutes bogus copsplaining.
6) There are no “here’s the deals”, only the actual encoded law. Your Department’s or any other organizations’ “policy” is not “law” and therefore does not apply to me unless I am a member or employee of that organization. There is no such thing as a “policy enforcement officer”, “normality enforcement officer”, or “feelings enforcement officer”.
7) Any demand that you make to me to “take your hands out of your pockets”, to “sit down on the ground”, or any other action based on “officer safety“ is a lie. The real reason you would say this is to attempt to establish superiority in the interaction and intimidate me. My response to any such request or demand will always be: “You are the one who is armed, not me, and you have approached me unsolicited and of your own volition. If doing so makes you fearful you are free to leave. I am not detaining you.”
- Scoop Cooper -
