From: R. J. Tavel, J.D.
Subject: LPU: HOW TO HANDLE A ROADBLOCK
Date: Tuesday, March 25, 1997 10:50AM
How to handle a Roadblock the Libertarian Way:
Please fasten your seat belt and keep your head and hands inside the ride at all times!
1) Wait for the Officer to ask you a question. Then say, "Sir, can you please tell me if my answer to that question is voluntary or mandatory?
2) If Officer says, "Voluntary." Then you say, "I choose not to volunteer."
3) If Officer says, "Mandatory." Then you ask, "Sir, what will you do to me if I do not answer?"
4) If Officer responses, "We'll kick the **** out of you." Then you say, "Show me the law, statute, case, or whatever it is that makes it mandatory and then I answer." or perhaps you may say, "I refuse to answer on the grounds that I may incriminate myself." or possibly you may say, "My answer is XXX under threat of bodily harm, police brutality, etc... Depending upon the situation, these answers are a matter of personal taste, providing you have the time to waste and can take the punishment.
5) If Officer responses, "You won't get out of here till you do answer the question." Then you ask for meaningful assistance of counsel to help you understand the question. After all, don't all lawyers tell you that only THEY can understand the law and legal procedure? Hope you’re not in a hurry at this point. All roadblocks are a fishing expedition waiting to harpoon every vehicle that motors within their reach and as we all know fishing expeditions take a lot of time. So, be patient or become a patient.
6) If the Officer skirts the questioning issues and wants you to consent to a search, then you say, "No, get a search warrant and then I'll comply." Never volunteer anything and keep insisting on your right to legal counsel. You no more have to answer questions for a police officer than you do a complete stranger off the streets. The secret power behind the roadblock is that every driver is duped into consenting to be searched. Many folks don't challenge an invasion of privacy because they have nothing to hide, but you still have a right to challenge that invasion, even if you don't have anything to hide. Never consent to a search without a warrant, just say "No" to protect your rights.
7) If the Officer then asks you to exit your vehicle and handcuffs you at this point. Ask him if he is placing you under arrest and on what grounds? Very likely he's not placing you under arrest, he's only handcuffing you to make it safe for him to question you further and illegally search you and your vehicle, since you've refused. The point here is that the police must tell you if they're placing you under arrest and if so what for. And once again, do not answer any questions. Demand to get meaningful assistance of counsel and counsel of choice, since it is your right to have these at every important stage of police contact, including the arrest itself if that be the case.
8) Remember all the things you read about Mirandizing you first? Well, forget it! As long as they can get you to admit to anything or consent to anything, they can use it against you, regardless of whether or not you've been mirandized. Silence is golden.
9) As far as the actual mirandizing goes, if you're one of the lucky ones who actually gets informed of their rights, then when the Officer asks you if you understand your rights, you just say, "No sir, I need legal counsel to help me understand." Be a big dummy and exercise that right to have legal counsel present and/or that right to remain silent until so provided. Sometimes you have to act ignorant to play smart.
10) Overall, you need to have a good strong attitude. Use your head, control your emotions and most of all keep your mouth shut (except to assert your rights). Don't grovel, don't complain and don't ask for anything outside of your rights, because this gives them great satisfaction and will go in their report. Remember your goal is to get them to admit anything, perjure themselves, not follow the rules, suffer as much frustration and anxiety as possible and lose in front of their friends and the press. Their goal is to INTIMIDATE you and get you to offer consent, incriminate yourself, admit to everything, skip procedural details, and wavier all your rights.
Alas, the above information should help you obtain a heap of procedural errors to line up for "arguing technicalities" or appeals in the event you end up in waist chains or leg irons. In the event you just end up being harassed, you should have a fairly strong civil case for violations of your alleged constitutional rights.
When it comes to driving and personal privacy, roadblocks are the most dangerous things on the streets.
"Freedom begins when you tell Mrs. Grundy to go fly a kite." —Lazaurus Long
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