Detained For Being Out At Night

A few nights ago 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 in New Hampshire 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 individual’s 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.

REMEMBER: Loose lips sink ships.  KEEP QUIET!

EPN

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