Knowing When And How to Assert Your Rights When Dealing With Police

The post below was shared with the CopBlock Network anonymously, via the CopBlock.org Submissions Page.  The person that submitted the story wanted to share his story about dealing with some Road Pirates from illinois in order to point out how important it is to both know your rights and to assert them any time you deal with police.

If you don’t use them you’ll lose them.

Effingham, Il. City Police

So I was pulled over around midnight heading home from work.  On my way, I noticed a local cop car following about 20 feet behind me, with no lights.  After about four miles, he flashed his lights and I pulled over at a gas station. “No big deal” I thought. Then another car pulled in with his lights on and parked horizontal to the front of my truck, blocking me in.  Two more pulled up by the rear sides of my truck and I was completely blocked in.  A fifth cop car parked in an actual parking spot.

I was pulled over for “no license plate lighting” and was issued a warning.  The officer who issued the warning went to his car to put in the ticket or something.  When he left another cop walked up to the window and asked me stupid questions like, “What type of illegal drugs do you do?”  And “Do you have them with you?”  I kept asking to leave, but that guy was taking forever.

While the second cop was asking me questions, the others were looking over my truck with flashlights.  One officer walked up to the passenger window and asked if he could look in my tool box; of course I said, “No”.  He smiled, looked to his left, nodded, and then the tool box in my bed opened!

“Hey, man!” I yelled, reached for my door handle, and pulled it out as the officer in the driver’s side window locked my door just before I could open it.  Someone said, “There’s an uncased firearm.”  I replied, “What!?! That’s not true!”

The officer unlocked my door, opened it, and held out his hand like a butler would holding open a door.  He pulled out an air soft handgun with an orange tip.  When I got out, I noticed they had taken everything out of my toolbox and put it in my bed.

I’m leaned against the parked car away from my truck and they ask me to turn out my pockets.  I said, “No.”  Then I said I’m not doing anything else until I call my lawyers and parents.  I couldn’t believe I hadn’t thought of that sooner!  They were probably worried sick!

I pulled out my phone and he held out his hand.  I laughed, so did he.  The rest of the officers gathered around, including the one with my ticket.  I asked the officer who had originally pulled me over if I could leave.  “Not until you hand over the phone, boy” one cop said.

I used to read my fathers law books and I’m working on getting a law degree myself, So I manned up and laid out the facts.

“Alright gentleman.  Let me start off with letting you know my parents represent the Charleston (IL) police department, we’ll be expecting an apology, or your jobs, know-your-rightsor both.” The asshole in my father was coming out of me!

“Second off, the Fourth Amendment states you need a warrant to search my phone, or truck for that fact. The Fifth Amendment states I don’t have to give you my phone and I don’t have to let you search my truck.  It’s to prevent self-incrimination.  I have nothing to hide, but it’s my right, and I’m going to use it.  Now, may I please leave?”

They kind of looked at each other and one said, “Okay, but it’s officer safety.  You’ll be arrested for refusing to cooperate.”  I smile and say, “Section 1983, title 42 of the U.S. Code states that I CANNOT be punished for refusing to give up my rights.”  My father pulled that card when the school tried to take my phone. “So go ahead and arrest me, let’s tee it off in “police brutality” case.  After all you didn’t harm me, but tried to strip me of my rights, right?”

I hold out my wrists and stare at the cop that asked the questions in the face.  I looked around and he looked back at me and said, “Have a nice, fucking, night,” and walked off.  The rest followed except for the original cop, who pulled me over.  He asked, “So are you gonna refuse to sign this?”  I said, “No, hasn’t stopped you yet,” and signed it; which after all, really is a traffic violation.

When I told my dad, I don’t think I’ve ever seen him more proud!  He made calls and we were invited to Olive Garden to eat with the police chief.  He paid for the whole thing out of his own pocket.

The Effingham Police mission statement on their website states:

We, of the Effingham Police Department, dedicate ourselves to serve the citizens within our jurisdiction and endeavor to treat all people in a fair and impartial manner.

We commit ourselves to providing professional, high quality and effective police service in partnership with the community.

We hold ourselves to the highest standards of conduct and ethics as we regard it an honor to hold the public trust.

We regard our employees as THE most important asset to our organization. We encourage the intellectual and physical development of our people through training and education.

It seems that the Effingham Police Department left out a section about honoring their oaths to the Constitution of the United States.  After all, it’s just a piece of paper.

You have to invoke your rights, folks.  Officers are counting on you NOT knowing your rights. They can and will use that ignorance to ensnare you into any kind of frivolous charge that they can get you on.  Invoking your rights is not the same thing as being uncooperative.

Do not fall victim to their tactics of intimidation.  There are many resources out there to educate yourself on your rights.  CopBlock.org also has a resources section that can provide you with a wide range of information and direct you to other resources about your rights and protecting yourselves against the police state.

BTW, one of those rights that you should always be exercising is the right to film the police. they aren’t always so quick to back down just because you know your rights. Don’t leave it up to their word against yours.

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Kelly is a lifelong resident of Las Vegas, who’s been very active in local grassroots activism, as well as on a national level during his extensive travels. He’s also the founder/main contributor of Nevada Cop Block, served as editor/contributor at CopBlock.org and designed the Official Cop Block Press Passes.
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74 Comments

  1. It’s really difficult to get people to learn not to listen to these fucktards and not to talk to them. They are evil and death is the only thing they deserve.

      1. People just won’t shut up. I don’t know what’s wrong with them.

        1. Well they believe this site that will post anything without proof. Like this lie. I live in Effingham. This NEVER happened

          1. Even talking beyond this site. People should have enough intelligence to know that their rights will be compromised if they open their mouth. That is what a lawyer is for. Be polite and answer the questions you are only legally obligated to, beyond that don’t say anything because all it will do is incriminate you.

    1. I would want to see a video if someone claimed they gotten brutally beaten or if they claim drugs were planted. But something like this, a video isn’t necessary. Its not like he’s boasting that he took on 5 cops by himself and using his black-belt in judo knocked em all out. He’s just stating he invoked his rights, and cops knew it, and didn’t like it.

      1. go to the olive garden website. see how far away the closest one is from effingham, IL it won’t take long to figure out this article is made up.

  2. Because the police are fucking pieces of shit who do not represent America. In fact, they are the closest thing to Nazi soldiers on our streets that you can possibly compare something to. THIS is the MURIKA we live in today. Fucking bullshit.

  3. Wow
    What AWESOME 70″s B-movie dialogue.
    You got all the cliches–
    •Redneck cop with:
    “Not until you give me that phone boy”. Sounds a lot like “you got a pretty mouth boy”
    • The educated motorist:law student with the legal intimidation: “All right gentlemen…my parents represent…and i’ll be expecting an apology your jobs or both” scary stuff that is.
    • “Section 1983..”
    • “tee off an officer brutality” (when there is no brutality even spoken of here)

    Great story. I doubt any of it happened. But great story

    1. t’s chief is probably forced to buy lots of Olive Garden lunches in order to cover for t’s complete cluelessness.

    2. I’m sure you don’t believe it happened. I believe it did. Why would someone make up something like that? Its pretty tame. Cops or authorities don’t believe anyone, there is a reason for that. its because they lie so much themselves, they think everyone must do it. My own mother is a perfect example, she’ll lie about anything, she gets a kick out of it. (something is wrong with her). And because she lies about literally everything, she thinks everyone is lying to her…all the time.

      1. Because the person who submitted it is wanting to have fun. Effingham has plenty of corruption but anyone who knows anything about the town can tell you it is a lie for multiple reasons.

        1. EFFINGHAM HAS NO OLIVE GARDEN. THE CLOSEST ONE IS IN CHAMPAIGN CLOSE TO AN HOUR AWAY

        2. IT IS NOT A BIG TOWN THAT MANY COPS WOULD BE OUR ENTIRE NIGHT SHIFT.

        3. unless this idiot was deaf there is no way he would have not heard them emptying his tool box until he got out of the car.

        4. He states he lives in Charleston which could be true but nobody in this area would commute that far to and from work. and he stated he was on his way home from work. Charleston is about a 40 minute drive from Effingham.

  4. Oh… brother. Another “I’m studying to be a lawyer” BS. Why wasn’t there a video? If everyone was so proud of your achievement, why do you post anonymously? Another bullshit article on copblock.

    1. You say everything is bullshit, and you don’t even read the whole article, ever. Drop dead you brainless scumbag.

    2. Oh boy, another bullshit comment made by JC

      1. Considering the article specifically mentions them eating at Olive garden and there is no olive garden within an hour of effingham yes it is bullshit and fictional

    3. JC what is your real name and address? If you are proud of your conduct on this sight why do you post anonymously? Boot lickers like yourself my be content to throw away your rights but people with a brain are not.

      1. Because JC is a coward

        1. as opposed to you idiots that buy everything you read. do a little research on effingham and it won’t take long to figure out this is fake. better yet go to the olive garden website and look to see how close the nearest one is.

    4. Why should he have a video that you wouldn’t watch anyways?

      1. Prove I wouldn’t have watched it. Pete and Ademo have said numerous times, if it was recorded, it didn’t happen.

    5. You ain’t no rabbit and you ain’t friend of mine

    6. You ain’t no rabbit and you ain’t no friend of mine.

    7. even when there’s a Video you still say it’s bullshit. We get it dude, you started sucking cop dick when you were young and you like it so much you can’t see yourself without the dick in your mouth, it’s transitioned from what you do to who you are.

      1. Another streetsheep copblocker whose thumb is stuck up his ass. I believe your crystal copblock ball is cracked. Idiot.

        1. does the police union pay you per blowjob, or do you like that shit so much you suck that dick for free?

          1. Arty do you believe everything you read? do you research it any at all? it doesn’t take long to debunk this article as bullshit if you check some of his facts.

          2. I’m not commenting on the article, I am simply asking if JC gets paid for his services or does he suck that dick for free, see nothing at all about this article, only to say I live about 50 miles west of Effingham and I have had a couple of encounters with local PD that went down pretty much the same way

          3. Ah bullshit. Why else would you get so offended by someone calling out this lie unless you believed it. This site has 0 credibility to it. It is no more than a liberal site to spread cop hate and fear

          4. I hate the whole political party system but people that are strictly liberal will make up any lie to justify themselves

          5. We don’t believe everything we read, but there is plenty that this country has seen by way of police brutality, unnecessary and excessive use of lethal force on unarmed civilians, unprofessional conduct, corruption, cover-ups, lying, criminal collusion, disregard of citizens legal and constitutional rights, egotistical behaviour, lack of tranperency, lack of accountability, racism, citizen intimidation by police. I am sure I have missed a few things. If cops had 5 cents worth of integrity they would kill themselves or find some honest way to make a living. You are damn right you are hated and with good reason.

          6. If you run the use of force is not unnecessary. Are there bad cops out there absolutely but there are many many more bad citizens out there. I do recognize the need for reform but all the cop hate going around is not the way to do it. There are still more good cops than bad cops as for our citizens I cannot say the same. Odds are if you are that scared of the police you have probably done something to be afraid of them.

          7. Amazing logic Matthew, cops are mostly good its the whole country that is no good. If the cops just remember to do their job as best as they can as prescribed under the law, don’t think themselves to be above the law, stop protecting brothers in blue, stop punishing good cops. But we the public see no signs that there is even a beginning of awareness of the scope and depth of problems in policing in America in establishment. Just more force, more weapons, more militarization. Policing is an essential service without it society can not function. We need organized and sustained mobilization by citizens and police departments to turn around things.
            Some of the specific policies that bother the public, are for example police obstruction of bodycam deployment, (cost is not an issue) not releasing full unedited information promptly, hiding behind privacy issues, handing out token punishments to bad cops, self investigation of police conduct. We almost need a complete machinary just to police the police. Thank you for participating in the discussion.

          8. My only issue is everyone believing this made up article. This site is no better than a tabloid at the grocery store checkout. They will post anything without proof or evidence.

          9. and so will the people that are strictly conservative, You claim to hate the whole political party system. but you fucking support it with your words and actions.

          10. I have views on both sides of both parties however the only view I have expressed in here is that not all cops are bad and this post is a blatant lie. I have just as many negative views of extreme conservatives as I do extreme liberals. The politcal party system is antiquated and outdated.

          11. I love how mother fuckers who don’t know me, think they fucking know me. Listen you dense mother fucker, I didn’t make one single comment regarding this story at all. And I’m not offended by his stupid fucking comments, that imply his comments carried some weight and I actually value his opinion, and neither one applies. You’re the stupid mother fucker that was offended, toward a comment that wasn’t directed at you or had anything to do with you. What does offend me is when a cop kills someone for the weakest fucking excuse and morons who barely got through fucking high school with a c average and zero critical thinking, and reasoning skills stand on the side lines and cheer. The only people spreading Cop Hate and Cope Fear are the Fucking COPS and the piece of shit mother fuckers who support them.

      2. Are all cop abuse stories fake hell no and effingham does in fact have its share of corruption. This however is a blatant lie. The one thing that gives it away. There is not now nor has there ever been an olive garden in effingham or anywhere within an hours drive from the town.

  5. Anonymous huh? I’ll have to see if I made this one up as well.

  6. Hey RadicalDude likes copblocker’s comment’s but he also like’s copsucker’s comment’s which side did he originally came from?

  7. Just so I get this right the police chief asked the family to travel over a hour to buy them dinner? Closest Olive garden to Charleston or Effingham is in Champaign.

    That just sounds ridiculous

  8. I hate to tell you that the “know your rights” picture comes from a still off of a Scientology video for Youth for Human Rights, one of their front groups.

  9. More like the Effing U police dept.

  10. Welcome to the United Police States of Corporate America, Submit or Die!

  11. I’m a citizen of Effingham IL as well and this story sounds like our cops. If you get pulled over there are at least two other cops who pull in. They do this to intimidate. There is always a k9 as well. Two Saturdays ago me and a girlfriend were heading home from working at a bar. It was about midnight. We were departing from the liquor store when we saw a half dressed hooker with white stilettos walking down Fayette (one of our main streets) and close behind her a rough looking middle aged man with no shoes no shirt chasing after her. I jokingly said to my friend “dude watch that sheriff totally miss the hooker and her pump and pull us over instead”…about 5 seconds later we see lights behind us. We pull over and answered all questions and were very friendly and patient. During this a k9 pulls up and of course they run the dog and the dog hits..they search our car even tho we protested and all that was found was a little bit of weed residue in the back seat on the carpet. Neither one of us were intoxicated or had any thing on us. They were very nice to us we got to leave without a ticket but we told them about the hooker and her pimp and to our surprise they didn’t even see the pair walking down one of the town’s busiest streets looking rough as he’ll and half naked!! But they did notice that our license plate light was out.

    Let’s give it up for the Effingham Police!

    1. If you were from effingham you would have noticed the part about olive garden and the fact that effingham does not have one

        1. Its not hard to disprove me. I actually do live in effingham. one of the big parts of the story centered around olive garden. go to their website and search for their closest restaraunt to Effingham. there are none near. Unless their apart of the conspiracy in which case you may have lost your tin foil hat.

        2. I live near Effingham. There aren’t any Olive Gardens. There’s a Sushi Resturant that was put in last year…..but no Olive Garden.

          1. It is not Sushi. Its steak and chicken. yes there is a small selection of sushi on the menu

      1. Could the Chief have purposefully taken these people out of town to “make nice” yet not be seen making nice?

        1. Could you be pulling excuses out of your ass to try and make this fraudulent story believable?

  12. Great so you got dinner and the officers get to go on to fuck with other people who may not know their rights. Love that you got one over on them… but it is bullshit still.

    1. Exactly it is bullshit. The olive garden part gives it away. Effingham does not have an olive garden nor is there one anywhere close by

  13. Why would the effingham chief ask this guy to olive garden over an hour away from effingham? Why not go to one of the 70-some restaurants in town? This story was somewhat believable up until that point. Aside from so many issues with the story telling:

    **The guy didn’t notice the cops taking everything out of the tool box until he got out of the truck? Were the cops taking everything out slowly and delicately laying them down in the bed?
    **The officer locks the doors and that prevents the driver from getting out completely? Is the driver and idiot?
    **Effingham may be considered southern Illinois, but people don’t speak the way this guy makes them out to.
    **So if his parents are worried sick, that would mean this guy is probably still in high school, in which case if this story does have some truth to it, the only reason the cops would act in this way would be because this guy gave them reason to.

    So, either the whole story isn’t be told here because this guy makes it out to be he was just driving home miss daisy at midnight. Or the story is completely false.

    1. I don’t think you actually read the article

        1. I don’t think Fighter29 read the article OR your comment.

  14. The police chief drove over an hour to eat shitty fake Italian food?

  15. He took you to Olive Garden? Now THAT’S police brutality!

  16. I was pulled over a few months back and searched without reason or even a warning in st.elmo. The officer escorted me to his car and told me that I was going to sit in the back seat of his car so him and I could get ahold of a tow truck company to tow my car. I got into the car, he made me sit my purse on top of the car, then he shut the door in my face and he searched my car without even telling me that he was going to. Then he came back and asked me about the laundry detergent that had gotten split in my back floor board assuming it was some kind of narcotic. After being hastled, publicly humiliated, having my car towed and searched without probable cause he finally let me go home. And all because I didn’t get a letter in mail saying they were going to suspend my plates if if didn’t prove I had insurance (which I did) due to moving multiple times within the same year.

  17. ummmm….there isnt an olive garden in Effingham. But they are assholes, just like Jasper County.

  18. Um just because Effingham doesn’t have an olive garden doesn’t mean the police chief didn’t actually take them. The reason being, he didn’t want anyone close to this county knowing he was actually doing this. Hence the anonymity of the person reporting this.

  19. Effingham doesn’t have an olive garden,and the closest one is over an hour away. This story may have some truths, such as Effingham cops are assholes, but someone obviously took their time in stretching the story.

  20. i live close to effingham,il and work there. it does sound like the effingham “police”. ive been stopped for stupid stuff as “it looked like my tail light was about to go out” and askes to dearch my truck because the officer thought i had to many air freshners in the cab and an open box of detergent ON MY BASKET OF LAUNDREY. and when i refused i was placed in cistody and truck was searched anyway, and of course they found nothing.

  21. Look here, there is nothing unusual about a district pulling anyone over, especially at night, near 2 major interstates, 3 major highways, and calling in more than 1 car for backup. It is becoming common practice to always have a 2nd car due to the rise of shootings, runners, and violent multiple drug offenders in the area. Now the fact that like 5 showed up is possible but doubtful so Im going to guess that was stretched.

    I have been victimized like this before by other districts. I have NEVER had an issue in Effingham though I only lived there a year(last year) I got pulled over 3 times, all for driving aggresively in my Mustang—quick lane changes, squalling tires, following too close. All 3 times I was polite and respectful. All 3 times they had another car show up with them. Answered questions when asked. I have no criminal record. Everything checked out, I got my warnings, and I went on my way.

    As far as “The person that submitted the story wishes to remain anonymous as they state that the situation has since been resolved”—-“Let me start off with letting you know my parents represent the Charleston (IL) police department”——-“I’m working on getting a law degree myself” makes it easy to lookup who the person is and if the story is real.

    Also we can point out a couple more things.
    1) He is headed home from work at midnight, but his parents are worried sick he is not home yet? Not possible unless he lives in Effingham or just outside which would mean they KNOW who he is.

    2) I know for a fact that the Mattoon/Charleston/Effingham/Effingham Co/ Coles Co/Shelby Co routinely interact, as well the lawyer pool that would represent them is pretty small

    Moving on to Olive Garden–yes there is not one in town. However, it is completely plausible that it could happen for several reasons. I went there 5 times last year because I felt like it, Its neutral ground, it may be what the poster wanted, could of had other things planned around the area. I could go on but I think I made my point.

    Now Im not denying that the incident happened, not saying a cop did not over step their power. I am merely pointing out that this story is flawed as hell. Tell the truth, dont try and spice it up to get attention

  22. Most respectable publications will do something like produce a retraction or apology once they are proven wrong. This is liable plain and simple. There is so much of the story that disproves itself it isn’t funny

  23. I have a serious problem with this article. It really discredits copblock and the downplays the good work done by copblock by having fraudulent bullshit on here. I know the police chief of Effingham. He’s a real self-righteous entitled prick. There is no way in hell, he would pay out of pocket for a damn thing. Nevermind the fact so many others pointed out that there is no Olive Garden within an hour and a half drive of Effingham. And 5 squad cars? Unless claiming County deputies showed up too, this also sounds like bullshit. Effingham is a small town, having 5 cars on patrol? They only have like 20 officers, you are claiming 25% of their force showed up at work, at the same time for one traffic stop? I don’t doubt those pigs would violate rights, but making up a bullshit story to discredit them only discredits copblock.

    1. We have state city and county in effy and yes five squad cars isn’t a surprise

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