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Wiretapping Charges Dropped
Ada_Rules writes "I realize that the end of a story is not nearly as sexy as the beginning, but police in Nashua have dropped the wiretapping charges against a man that had recorded both video and audio from on his home security system. The man had brought a videotape to the police station to back up a claim that a detective was rude to him while on his property as part of an investigation. In addition, the police have determined that the man's complaint about the detective was justified."
Cops bring up surreptitious charges and laws fairly often, or will try to convince you in a similar manner that you don't have any rights. I have friends that are cops, good cops, that have told me this.
Also, as I have many, many friends that are amateur and professional photographers, they were stunned when they heard this; some have been in similar situations with police and/or security. Luckily, there's this nifty little document I found from an attorney explaining the rights of photographers.
Ex nihilo nihil fit.
Nooo, not legally they can't. "Jury nullification" has no legal standing at all. Judges, subsequent juries, and legislatures are not bound by it. It's nothing more than the common-sense observation that if juries routinely refuse to convict anyone charged with breaking a given law, then the law has de facto (but not de jure) no force.
I have a friend who is nearly a lawyer and she has been involved in lots of protests in her life.
*** _I_ am not a lawyer and this is not legal advice. Always get your legal advice from a lawyer. ***
When approached by a cop, you only have to identify yourself. You really don't have to answer any other questions.
Anything you say before you are arrested can be used against you. Don't admit to anything. If he asks "have you been drinking/fucking/...", she recommends answering with something like "isn't it a nice day, officer", or "can I help you with anything, officer".
If they ask you if they can search your purse, car, pants, etc. You should always answer, "I'm sorry officer, I do not consent to this search." They will probably do the search - illegally probabably. But if you have not given consent, any evidence most likely cannot be used against you. The trick is that they want to find something and get you to talk. They might not be able to use the evidence they found, but if you then confess about that evidence, you're fucked.
But more importantly, say very early in the dialogue:
"Am I under arrest?" This forces the cop's hand... at this point he either has to arrest you or not. Once you are arrested, he is required to read you your miranda rights.
This should be followed by (if you're not under arrest):
"Am I free to go."
If you ARE under arrest, the next thing you need to say is:
"I want my lawyer NOW".
It's very important to state it in no uncertain terms. Saying things like "I think I should have a lawyer", or "maybe I should have a lawyer", or "can I have a lawyer" are not good enough and don't invoke your protections.
After this, SHUT YOUR TRAP!
REMEMBER... THE COPS ARE ***NOT*** ON YOUR SIDE. THEY ARE ***NOT*** YOUR FRIEND. They will LIE, CHEAT, and do anything they can to get you to give yourself up. Don't fall for it. They do this all day, every-day. You probably never have. Would you play one-on-one with a pro ball player in a wager for your life? It's the same thing here... the cops and DAs are well practiced pro-level players. They will grind you up and dispose of you before you know what hit you.
And the best way to keep from being rail-roaded by the "justice" system is to avoid getting into it in the first place. Know your rights and exercise them.
So remember:
I do not consent to this search.
Am I under arrest?
Am I free to go?
I want my lawyer NOW.
then SHUT UP!
Or (if allowed in his jurisdiction) his wife could have went with a property bond. This usually places a lien against the property and raises the possibility of forclosure should the defendant skip bail. BUT, if the defendant does show you're not out of pocket any actual monies.