Monday, July 25, 2005

Last week I went to a little lunch hour picnic at work. Admittedly it wasn’t a good week, so my attitude wasn’t good going in. But I felt a sadness as I walked around and stood around, a sadness like I rarely feel, almost a sense of panic, as if something were very wrong. Groups of middle-aged people stood around looking bored, their hearts not really into it, as if they had little interest in being there but felt they had to show some interest. The barbed wire wasn’t exactly surrounding the perimeter of the park, but perhaps someone or something held them hostage through subtle but very real coercion. And the worst part was that though they didn’t really want to be there, neither did they want to be anywhere else.

I’ve finally finished the first volume of Gide’s diaries, running from 1889-1913. It started out with promise, but much of it was pretty pedestrian, and when it wasn’t pedestrian, it was tediously dull. Gide’s thoughts on most things aren’t especially interesting to me, and certainly all of the talk of religion and Christianity turns me off. I’m moving on to the second volume, mostly because I want to read of his relationships with Proust and Cocteau. And I’m interested to read about both world wars. World War I has lately been of particular interest to me, probably because of Proust’s discussion of it in Time Regained. Here’s something which Oscar Wilde once said to Gide: “I put all my genius into my life; I put only my talent into my works.” I like that. And here’s a word of caution from Gide for anyone facing retirement: “The truth is that, as soon as the need to provide for it ceases to force us, we don’t know what to do with our life and we waste it wantonly.”

I’ve been working on criminal law publications for some months now, and having read lots of court opinions on the topic of searches and seizures, I’ve learned that lots of very stupid mistakes are made by suspects, costing them years of prison time. Sometimes the difference between going free and spending 20 years in prison can be one stupid decision made during a brief encounter with the police. So here’s my advice to anyone who has a run in with the police.

First, even though the officer may seem friendly and the encounter cordial, be wary and do not volunteer information. Absolutely never consent to a search of your house or car. If the police have a search warrant, of course allow them to conduct the search on their own, but do not assist them in any way, do not speak, and do not show them anything. If the police take you for questioning, ask if you are a suspect. If you are, do not speak to the police without an attorney. If they have you in custody, ask whether you are free to go. If you are, then go. If you are not, say nothing.

If you are stopped while driving your vehicle, cooperate but keep your comments to a minimum. Do not offer information, and positively never consent to a search of your car if the officer asks. If he’s asking, he needs your consent. You don’t have to give it. The worst that can happen by refusing is that you’ll seem suspicious to the officer, but nothing good can come of consenting. So many convicted criminals have been caught through searches conducted with their own consent.

If you are asked to take a test for blood alcohol levels or to perform sobriety tests, comply. Do not refuse DUI tests.

People get nervous around the police, but it’s important to keep your wits. Do not start yammering to try to convince him or her of your innocence. Do not be taken in by the nice cop who wants to be your friend. Again, keep the interaction cordial but volunteer nothing, never consent to a search, and go if you are not under arrest. That means leave the police station if you are there, or drive away if the police have pulled you over in your car. Do not allow the scope of the interaction to expand beyond the reason for the initial stop. If your business is completed, you’ve been ticketed and are free to go, then go. That’s all for now.

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