If you are being forced out of a vehicle, something is already wrong, as they can tell you to exit the vehicle, and you are required to comply. If you say "no I'm not getting out" – that is not a right. All you can do at that point is exit slowly, and do not resist or pull back in any way if they touch you. At this point you have to say "I do not consent to any searches" – you can and should verbally repeat this, be assertive, but do NOT yell, or scream, or say it fast and angry.
NEVER resist in any physical way either. Never pull your hand away, and do not, turn around quickly to look at his face etc... Don't resist physically.
Sure they will be an asshole, but I know for a fact in the USA, you are FAR better off using your rights.
Everything you say to them is recorded these days. They have audio and video on their cars (notice on those cop shows the recording pick up the voices from 50ft (about 22 meters) away?), as well as in every interrogation room, and your attorney has a right to view all recordings.
If say that you asked for your attorney and they say "**** you, you don't get one, answer the question or I kick your teeth in" - that cop IS going to get in a LOT of trouble. – because your lawyer will get a hold of that recording, and they have a right to view all of it. Cops get in trouble for this all the time, just doesn't always make it onto TV, but only if you exercise your rights, right away.
99.9% of the time, when people say "ohh I know my rights but...the cop was just being a dick", I can guarantee you that they SAID something that got used against themselves, and their lawyer was unable to do anything for them.
Often people will:
1. Make excuses for their actions – still admitting things
2. Tell stories, or lie – gives all sorts of things that get held against them in court
3. Tell the truth – which can inadvertently tie them to things they are not guilty for.
4. Try being rude back to the cop by insulting, raising their voice, swearing, and general belligerent behavior – just gives them more stuff to charge you with and probable cause for searching etc...
If people do not do any of those things (and it is VERY common they do all of the above) by using their 5th amendment, and asking for a lawyer first thing etc...then the cops don't get away with it.
It is very RARE for people to actually exercise their rights.
Most people do not know them, and that is exactly why cops away with it. Because we let them by not knowing our rights.
This is the HATE thread after all. I hate when I turn on the TV, and see on some channels these real fly on the wall interrogations that police do, and I constantly see people breaking those 4 big rules. Not once have I seen someone try to exercise their rights properly.
I hear friends tell stories about being arrested, and they tell me "here is what I said" – and the following verbal diarrhea they spew at me violates all 4 of those rules (they think what they said was really smart and creative), and then they follow with, "but I still got charged because the cop was a dick, and my lawyer wasn't any good".
Here's what really happened. They admitted to something that got used against them. Then their lawyer could not help them later, because they already admitted wrong doing with personal testimony. – this happens easily 99% of the time.
Think of it like this at the time of arrest. The cop always says "anything you say can and will be used against you in court", is just like somebody saying "If you give me that lead pipe, I'm going to beat you with it" – Would you give them that lead pipe?
