Newbie - FAQ

Illegal business it's good to be prepare.Just needs to be legalized
Fancy8888 See my TER Reviews 306 reads
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Posted By: nkaufman1980
Never hurts to be prepared. Kind a Hope for the Best and Prepare for the Worst.  
   
 Is there a step by step guide on what to do in case a Hobbyist gets snared by LEO (sting or otherwise)?  
   
 Based on what I've read so far, it seems like:  
 (1) Say nothing other than - "I'm afraid I cannot make any statement till I speak to my attorney"  
   
   
 So, i'd perhaps need names and numbers of 3-5 local attorneys (which kind would take this kind of a case?) in case I have to make a call. Hopefully never but just in case.  
   
 Perhaps, this site could add a List of Attorneys as well that specialize in this field? :-)

Never hurts to be prepared. Kind a Hope for the Best and Prepare for the Worst.

Is there a step by step guide on what to do in case a Hobbyist gets snared by LEO (sting or otherwise)?

Based on what I've read so far, it seems like:
(1) Say nothing other than - "I'm afraid I cannot make any statement till I speak to my attorney"

 
So, i'd perhaps need names and numbers of 3-5 local attorneys (which kind would take this kind of a case?) in case I have to make a call. Hopefully never but just in case.  

Perhaps, this site could add a List of Attorneys as well that specialize in this field? :-)

You will have to identify yourself.  In my state, you could be held 72 hours in order to correctly identify you. There was questions at the time, if that would stand a court challenge but I have not heard of any such...  I heard LE didn't want to test it, lest it be struck down.    

If you are stung, you will not talk your way out but everything you say narrows the wiggle room a good lawyer might have.  If they only want to question you, you can decline to answer & ask if you are free to go.  If you are not free to go, you are being detained & ask for that lawyer.

I would have some numbers memorized and to whoever said lock your phone with a password, absolutely. I believe it is even perfectly "legal" for them to force you to unlock a phone with your finger at least in some places.

It's a shame we even have to have these discussions. Police are not your friend. Talking to them can only hurt you. Don't let them intimidate you. (Sometimes easier said than done, I know)

Good to be prepared I guess but from the advice on here, seems like if you follow good practices you will be just fine.

Serious Question. If the worst happens and LE becomes involved, ...

Hobby Phone is already locked, maybe even already powered down and back in the briefcase or backpack.

Real World Phone has nothing hobby related on it. I see no reason not to unlock and use Real World Phone to look up saved numbers of plumber, pharmacy, ... lawyer.  

Does that sound right?  

(Leave the hobby phone locked and decline to open it. Use regular phone for regular ["Hay! Lawyer-person! I've been detained by LE! Help!"] stuff.

Posted By: lonewolf7799
I would have some numbers memorized and to whoever said lock your phone with a password, absolutely. I believe it is even perfectly "legal" for them to force you to unlock a phone with your finger at least in some places.  
   
 It's a shame we even have to have these discussions. Police are not your friend. Talking to them can only hurt you. Don't let them intimidate you. (Sometimes easier said than done, I know)  
   
 Good to be prepared I guess but from the advice on here, seems like if you follow good practices you will be just fine.

Posted By: nkaufman1980
Never hurts to be prepared. Kind a Hope for the Best and Prepare for the Worst.  
   
 Is there a step by step guide on what to do in case a Hobbyist gets snared by LEO (sting or otherwise)?  
   
 Based on what I've read so far, it seems like:  
 (1) Say nothing other than - "I'm afraid I cannot make any statement till I speak to my attorney"  
   
   
 So, i'd perhaps need names and numbers of 3-5 local attorneys (which kind would take this kind of a case?) in case I have to make a call. Hopefully never but just in case.  
   
 Perhaps, this site could add a List of Attorneys as well that specialize in this field? :-)

As has been said many, many times, you should never "discuss" money for sex, whether in a conversation or text message or whatever.  In a lot of stings, there will be a text message conversation and the undercover officer will mention something about sexual services and money and they'll try to get a direct response, something like "How about a BJ for $80".  If anything like that happens, just end it.  Seriously.  Don't reply.  Don't go through with the meeting.  Move on.  So long as the conversation sticks to time and money, everyone should be good!

RunTooYoo384 reads

You're absolutely right to excercise the 5th amendment. Here's an interesting video someone recorded at law school. It's not everyday you see a career police interrogator agreeing with a lawyer that just told you why you should NEVER talk to the police.  

Not a bad idea to have an attorney chosen ahead of time to be proactive in this day and age.

(1) Police can't go into your phone (it is considered a search and requires a court order) without your permission (you have to unlock your phone for them and that is considered permission).

(2) Your silence CAN be used as an admission of guilt in a crime due to changes in laws resulting from Homeland Security changes. This is best illustrated by the Boston Bomber who was barely conscious for x-number of hours when caught and unable to respond coherently (if at all?). His silence WAS used against him and it was legal to do so.

You MUST CLEARLY INDICATE THAT YOU ARE INVOKING YOUR 5TH AMENDMENT RIGHTS if they tell you that you are being detained.  

You are only required to provide ID or proof of identity. After that, you must immediately ask if you are free to go or if you are being detained.  

If free to go, get the hell out of there and do not say anything on the way out.

If being detained, invoke your 5th amendment rights and request the opportunity to speak to your attorney and do NOT, for the love of god, use the Public Defender. If you do that, you may as well just put the handcuffs on yourself and hand over your bank balance for court costs and fines.

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