http://www.NationalCCW.com/
We at NCRF were lucky enough to meet Evan F. Nappen, who is most
likely, the greatest personal firearms attorney in the country. It was
refreshing to find a lawyer who did not believe in giving away our
rights & who deeply believed in our Second Amendment right to bear
arms. He gave advice for all gun owners on what to do if the police
stop you.
First, remain silent. You are only required to give your name, address,
& drivers license (only if driving) to the police. Do not volunteer
information or answer any questions. Mr. Nappen's advice when asked if
you have guns in the car is to reply by saying, "Why are you asking me
that question?" You see the police can only search if there is
something in plain sight or if they have probable cause. If there is
nothing in plain sight & you refuse to answer any question, the police
will lack the cause to search you or your car. The only way of giving
police probable cause is to answer their questions, which are designed
to trap you. Do not consent to a search! As Mr. Nappen puts it, "Men &
women died for our rights, the least I can do is to exercise my
rights." Second, ask for your attorney. You have a right to have an
attorney present during any questioning. By asking for your attorney,
you may not be interrogated. Third, do not consent to giving up your
rights. Do not consent to a search without a warrant or sign statements
without an attorney's advice. A right given up is a right lost. If the
police stop you; do not resist physically, give your name & address
only (license if driving), you do not have to answer questions or
consent to a search without a warrant. If arrested say, "I want my
attorney." Do not be tricked, threatened, or persuaded into giving up
you rights.
Without a warrant or probable cause, evidence against you will most
likely be thrown out in a criminal court case. For the many who are
wrongly arrested for not consenting to police searches, Mr.Nappen will
sue the police because they have violated your civil rights. Police
departments who wish to settle civil rights cases need to pay up $3,000
per hour that you were wrongly in jail or risk a federal suit $!
(10/10/00)