Just got arrested for a supposed DWI even though I blew a 0.0000000. Don't cops need to read your Miranda rights to you? I asked for a blood or hair follicle test and I was denied. WTH is happening?

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Submitted ⁨⁨12⁩ ⁨hours⁩ ago⁩ by ⁨Patnou@lemmy.world⁩ to ⁨[deleted]⁩

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y0kai@lemmy.dbzer0.com ⁨12⁩ ⁨hours⁩ ago
lmao first time meeting a cop?

sorry that happened to you and good luck. hire a lawyer and do not talk to the police. not one word, unless your lawyer tells you to say it.

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- Patnou@lemmy.world ⁨12⁩ ⁨hours⁩ ago
  I got arrested once before with a bunch of other people cause I went to my first protest. We were just protesting more fair wages and that the state become a union/ a non right to work state. I got they didn’t read the miranda then because there was a shitload of us. But how come it is not illegal for them not to read it?
  
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  - Triumph@fedia.io ⁨11⁩ ⁨hours⁩ ago
    They only have to read it if they're going to question you as part of an investigation, and then only if they consider you a suspect or person of interest.
    
    They don't have to read Miranda to witnesses, and any "spontaneous utterances" you make are evidence.
    
    It's shut the fuck up Friday. There are five things you should ever say to police:
    
    Is that a request or an order?
    I don't answer questions.
    I don't consent to any search.
    Am I free to go?
    I am exercising my right to remain silent.
    
    If the officer gives you an order to do something, do it. Even if you don't feel it's a lawful order. The time for you to fight back is in court, not by yourself against someone with authority, a fragile ego, and a gun.
    
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  - AA5B@lemmy.world ⁨4⁩ ⁨hours⁩ ago
    Did they actually charge you? I’ve read that it’s a tactic to break up protests and stifle dissent. Arrest someone with no real intent to press charges. Then keep them in jail for however many days they legally can to scare the shit out of you and ruin your life
    
    Then, “oh you didn’t get your Miranda rights read? I guess you’re free to go”
    
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  - FaceDeer@fedia.io ⁨11⁩ ⁨hours⁩ ago
    Miranda rights are only required during a custodial interrogation, which means you are in police custody (arrested or not free to leave), and the police are actively questioning or interrogating you. If the police arrest 50 people at a protest, put them in a van, process them at the precinct, and never ask them a single question about their conduct, the police never actually need to read them their rights.
    
    Any self-incriminating statements you make before your rights are read to you generally cannot be used against you in court as primary evidence (this is the Exclusionary Rule). Note that that's as primary evidence, though. If you mention the kilogram of illicit substances hidden in your shoes before they Mirandize you they can't use that statement in court, but they sure can use that kilogram of illicit substances as physical evidence.
    
    So other than the bare minimum of what the law says you have to say, always remember that it's Friday.
    
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  - Lasherz12@lemmy.world ⁨10⁩ ⁨hours⁩ ago
    There was a supreme court ruling on this during Trump 1 I believe. They do not need to read rights any more.
    
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- Rhaedas@fedia.io ⁨11⁩ ⁨hours⁩ ago
  I've been lucky in that in the few interactions I've had, they've been mostly courteous and to the point. It's usually been about a car tag and my fault. But they either gave a warning or a ticket that I could avoid by taking care of the tag. It does help I'm a white male.
  
  There was one though, long ago when I was just 18. He probably let me go for the same reason, white male, and I was scared to death. But his first line was that I was speeding. I looked at my Dodge Aries K-Car and even in my fright almost laughed. In this POS? Really? I think because it was late at night and I happened to get in his way he was being pissy. He also said I should pay attention to my rear mirror as he had his lights on the whole mile before the interchange where I pulled over. Total BS. We all know how damn bright those lights are.
  
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  - jj4211@lemmy.world ⁨5⁩ ⁨hours⁩ ago
    That second one is familiar. I’m pretty sure that I got pulled just in case I was drunk, but they had to say “speeding” because I was not driving erratically. Country cops on a nearly empty stretch of road with nothing to do…
    
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TheMadCodger@piefed.social ⁨8⁩ ⁨hours⁩ ago
“I am not discussing what I have or haven’t been eating or drinking. Am I being detained or am I free to go?” Field sobriety tests are always voluntary, but you might have to go to the station for a blood test.

If they continue to ask questions, “I am invoking my constitutional right to not answer questions. I won’t be making any other statements without a lawyer present.”

If they ask you to step out of your vehicle, you do have to comply. “I am complying and stepping out of my vehicle. I do not consent to a search of my person or property. Am I free to go or am I being detained?”

Never talk to the cops brought to you by Shut the Fuck Up Friday.

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- BillyClark@piefed.social ⁨5⁩ ⁨hours⁩ ago
  It’s shit that you have to know exactly what to say in order to take advantage of your rights.
  
  But one thing I should mention is not just to be careful not to say what you’ve been eating or drinking. Never tell the cops anything about yourself other than what is legally required. They often ask where you’re coming from and where you’re going, for example.
  
  They often try to trick people into consenting to a search by phrasing an order as a question, and pretending like they were just asking a question. “Would you mind opening your trunk?” The response is “I do not consent to searches.” I would also lock my door if I stepped out of my car. There are many situations where they can pretend you implied consent to search.
  
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- meco03211@lemmy.world ⁨8⁩ ⁨hours⁩ ago
  Depending on your habits, it might behoove you to opt for the station breath test. They can look at more than just alcohol in blood and pop you for weed or even legally prescribed adderall.
  
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  - ColeSloth@discuss.tchncs.de ⁨4⁩ ⁨hours⁩ ago
    In most states you’re allowed to not take the roadside breath test, despite cops lying like motherfuckers about it. It’s the one at the station after you’ve been arrested that you have to take if you don’t want to automatically get your license taken for like a year, and they always do at least two different samples between that breath test, urine, and blood. Don’t do those and you’re pretty much guaranteed you lose your license and get the DUI charge as well.
    
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- BlueOysterCultist@lemmy.zip ⁨6⁩ ⁨hours⁩ ago
  Speaking for California, but you technically consent to blood draws when you get your license Cvc 23612
  
  I don’t think it’s ever been forced though for a simple DWI, and I’d find it hard to believe a random nurse/phlebotomist would be down with a forced blood draw.
  
  You can probably refuse everything but the other circumstances of being impaired likely won’t help ya and if it’s gone that far you’re probably going to jail anyway
  
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ColeSloth@discuss.tchncs.de ⁨4⁩ ⁨hours⁩ ago
If you’re in the US, in states I know of, at least, if you weren’t taken back to the station and had another DUI test done and took two other chem tests such as blowing in their big machine (not that little roadside one), a urine sample, and\or a blood draw, then I doubt you’re getting charged with DUI. The roadside breathalyzer and heel to toe bullshit is just stuff used as a precursor to your arrest and you don’t even have to do either of those. The tests to take you to court and charge you are all done after you’ve been arrested and are at the jail. The testing back at the jail house is what you aren’t allowed to refuse without losing your license. You don’t have to do shit roadside and there’s no consequences, despite the lying shit the cop will tell you. Not the lil breath test, or walking a line, or following the officers finger or nothing. All that can be refused. It’s all just so the officer has standing for being able to arrest you. Before you’re at the jail, you don’t have to participate in ANYTHING that is trying to determine your sobriety.

As the top commenter said. Don’t consent to search. Don’t resist. Get out if asked to get out, but close and if possible even lock your door. Exercise 4th, 5th, and 6th. STATE that you’re exercising your right to remain silent and not answer questions and then STFU till you talk to a lawyer.

I could make this a list of shit and things to do like a mile long, but that’s the highlight reel.

I’m not a lawyer. I’m not your lawyer. This is not law advice. I don’t know if there’s any exceptions to this in your particular state.

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stoly@lemmy.world ⁨6⁩ ⁨hours⁩ ago
Assuming a prosecutor takes this to court, they will have to provide evidence during the probable cause hearing. If it goes that far, it will get dismissed if there is no evidence. It’s more likely that the prosecutor does nothing unless there is something they have unknown to you or you are not telling us something.

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- Pacattack57@lemmy.world ⁨5⁩ ⁨hours⁩ ago
  I would bet money we are missing the truth here. They aren’t gonna waste time after proving your innocence.
  
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  - stoly@lemmy.world ⁨5⁩ ⁨hours⁩ ago
    Sure they will. Many prosecutors are so bombastically driven to succeed that they will prosecute a case they can win even if they know it is not justice because winning at all costs is the only thing that matters to some.
    
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immutable@lemmy.zip ⁨12⁩ ⁨hours⁩ ago
Miranda rights only apply if the police are asking you incriminating questions.

If you are being arrested and questioned theres actually never any advantage of demanding to be read your rights, I see a lot of people demanding the police read them their rights.

When the police read you your rights it protects the police not you.

If you are questioned and incriminate yourself there are two possibilities. They did not read you your Miranda rights, in which case almost any lawyer in the country can get that incriminating statement thrown out because you weren’t read your rights. The did read you your Miranda rights, in which case you are fucked, you were informed you didn’t have to answer but incriminated yourself anyways.

It is never in your interest to demand they read you your rights and you should never really be upset if they don’t. Either they don’t have to or they just fucked up to your benefit.

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WillerNiller@lemmy.zip ⁨9⁩ ⁨hours⁩ ago
Don’t ever speak to the police. They are never there to help you. Get a lawyer asap! ACAB

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ArcaneSlime@lemmy.dbzer0.com ⁨1⁩ ⁨hour⁩ ago
Did they blood test you? If yes, and you hit for weed in a lame state, still get a lawyer, but also good luck.

If you didn’t get a blood test, get a lawyer, you’ll get off. Like for sure. “I work there of course I smell like it, I don’t even smoke I just like affording ‘food’ Your Honor. They can’t prove I was high without that blood test. Rolling stop at best.”

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Tehhund@lemmy.world ⁨2⁩ ⁨hours⁩ ago
Cops are allowed to lie to you relentlessly. Even if they do something illegal like questioning you without reading you your rights, they know you’ll have to fight it in court. Things are stacked in their favor pretty strongly. Even if you end up fighting them in court over a Miranda violation, that’s a problem for the prosecutor, not the cop arresting you.

Be relentlessly polite to the cops while admitting nothing. They usually don’t deserve politeness but it lessen the chance of them harming you.

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homes@piefed.world ⁨12⁩ ⁨hours⁩ ago

“something suspicious“

This line is beat to trick you into saying something that they can arrest you for. You’re only reply. Should be “OK, am I free to go?“. If they had something to arrest you for or to take you for, they would do it without asking you questions. When they ask you questions like this, they are not asking you questions to see if they can let you go. They are asking you questions to find something to ticket you for or arrest you for.

Cops are not your friends, and they are never, never, never ever ever there to help you. It is a job to fuck you as hard as possible. Do not give them that opportunity by telling them anything that would make that easier for them to do.

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- Krudler@lemmy.world ⁨8⁩ ⁨hours⁩ ago
  “I have nothing to say to you. Am I free to go?” (repeatedly) is the best option.
  
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Infrapink@thebrainbin.org ⁨8⁩ ⁨hours⁩ ago
Others have answered the questions about getting arrested. Here's a specific answer about Miranda rights.

Miranda rights are not read to you when you are pulled over on suspicion of breaking the law. They are read to you when you are being formally interrogated. Ask "Am I being detained?" or "Am I being interrogated?" If they say "no", keep quiet. If they say "yes", that's when they are required to read you your rights, at which point you say "I want to speak to my lawyer".

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DagwoodIII@piefed.social ⁨9⁩ ⁨hours⁩ ago
Turn off the device and get a criminal lawyer.

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Semi_Hemi_Demigod@lemmy.world ⁨11⁩ ⁨hours⁩ ago
Anything you say to a cop, regardless of whether they read you your rights, can and will be used against you.

Do not ever talk to cops. Don’t answer their questions with more than a polite “I don’t want to talk about my day, sir.” If they keep pressing say “I invoke my fifth amendment right to remain silent and want a lawyer”

This message has been brought to you by Shut the Fuck Up Friday.

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TheFogan@programming.dev ⁨12⁩ ⁨hours⁩ ago
Very much not a lawyer but in the US from what I understand you don’t have to consent to a field sobreity test at all (IE the breathalyzer), but the cops can require you to come to the station for, the tests that they refused to give you.

As far as Miranda rights, that’s kind of misunderstood, in short if you weren’t formerly brought into an interogation room. or put in jail, it’s not a strong requirement for them to read it.

I don’t have the full picture but if you aren’t in jail, then you’ve basically got a BS ticket. They might be able to hit you for reckless driving or something if you were swerving or something in your driving lead to the actual suspicion and they have it on dash cam, but the DWI itself, should fall apart instantly without evidence.

I know my ex got out of a DWI that she was very guilty of, simply by police incompetence (cops lost the test results),

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- ReptilianCleric@lemmy.zip ⁨11⁩ ⁨hours⁩ ago
  Actually, as far as Miranda rights, I could’ve swore the corrupt as hell SCOUTS recently overturned precedent on that and in doing so killed your right to have your Miranda rights recited to you at all. You still have said rights, in theory, but piggies no longer have to disclose that.
  
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  - 100@fedia.io ⁨11⁩ ⁨hours⁩ ago
    those are just courtesy to tell you what rights you have
    
    you should know them already and shouldnt have to be told about them
    
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WhatsHerBucket@lemmy.world ⁨12⁩ ⁨hours⁩ ago
This day and age you should be grateful you only got a ticket and you’re not in a concentration camp somewhere.

In all seriousness, yes cops suck. Go to court, if they got nothing, you may be able to get out of it.

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- ColeSloth@discuss.tchncs.de ⁨4⁩ ⁨hours⁩ ago
  If he wasn’t taken to the station for the real breath test and blood or urine, he isn’t being charged with DUI.
  
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Angryhumanoid@fedinsfw.app ⁨11⁩ ⁨hours⁩ ago
So short answer yes they can do that, for a few reasons, maybe the prosecutor will drop the charges, depending on how the stop went and if anything else happened which resulted in additional charges that end up sticking. Preface, I am not a lawyer.

A, any kind of traffic infraction (real or hallucinated by the cops) technically gives them the legal right to stop you. The initial stop will likely be upheld if it goes to court.

B, they use that as a pretext to then investigate other possible things. Drunk/impaired driving not surprisingly is a big one. Roadside breath tests are not admissible in court, station tests are.

C, if you blow 0’s they rapidly pivot to “What other substances have you had which are impairing your ability to operate a motor vehicle”. Technically speaking they can do that, if they think they have reasonable suspicion you are driving while impaired.

D, here’s where it gets shitty. You can still be convicted of DWI even if all tests come back negative. Prosecutors can argue you were impaired by a substance that doesn’t come up on standard tests. If they think they have enough video or documented evidence of you acting impaired they can still push for that.

E, GET A LAWYER. They can argue and eliminate a lot of points of data which the prosecutor can claim are evidence of impairment. Red watery eyes? They were tired. Slurred speech? How does the officer know those are not your normal speaking patterns? An important thing to note here, field sobriety tests tend to favor the police, NOT you. And they are not a legal requirement. Fyi.

F, if a more comprehensive drug test will show you were not intoxicated in any way you can pay out of pocket and submit that to court, but now you’re getting into the area of “how much money will it cost to not take a lesser charge.

G, speaking of, the weaker the case the more likely the prosecutor will plead you down to a lesser charge just to make it go away while still giving them a technical win. It’s bullshit and they use the threat of cost to prove innocence against you, because fuck poor people.

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Brkdncr@lemmy.world ⁨10⁩ ⁨hours⁩ ago
you can decline a field sobriety test of any sort. They need probably cause to stop you, reasonable suspicion to arrest you. They also can’t detain you for an unreasonable amount of time.

Cops trample over these rights regularly. Get their camera footage and you might have a way to get the case dismissed.

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- meco03211@lemmy.world ⁨10⁩ ⁨hours⁩ ago
  They need more than reasonable suspicion to arrest you. The bar for arrest is probable cause.
  
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  - Brkdncr@lemmy.world ⁨9⁩ ⁨hours⁩ ago
    Thanks, I got the terms reversed.
    
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Today@lemmy.world ⁨9⁩ ⁨hours⁩ ago
As for smelling something suspicious- hemp is legal in most states and only discernible (but not really) by testing through a state approved lab. When you buy hemp online it comes with a letter to law enforcement saying that it’s legal. I carry one of those letters in my bag.

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kurcatovium@piefed.social ⁨11⁩ ⁨hours⁩ ago
They smell something suspicious? Well, the smell wasn’t there until you stopped at them, so…

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- JasonDJ@lemmy.zip ⁨10⁩ ⁨hours⁩ ago
  All I can smell is bacon, sir.
  
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PM_ME_VINTAGE_30S@anarchist.nexus ⁨12⁩ ⁨hours⁩ ago
It sounds like you got taken advantage of by the cops. Get a lawyer. Sorry this happened to you. burning cop car

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schnurrito@discuss.tchncs.de ⁨11⁩ ⁨hours⁩ ago
As for Miranda rights, there’s a comic here lawcomic.net/guide/?p=2637 that explains how those work.

In general it doesn’t matter if they aren’t read to you unless the prosecution wants to use your self-incriminating statements against you in a criminal case. Then those statements might not be usable as evidence, but that’s the only consequence.

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GreenBeard@lemmy.ca ⁨12⁩ ⁨hours⁩ ago
Just wait until they start screaming “Stop Resisting” for no reason. That’s when you’re either going to end up in a hospital or a grave. Get a lawyer and good luck.

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_haha_oh_wow_@sh.itjust.works ⁨11⁩ ⁨hours⁩ ago
Get a good lawyer yesterday, don’t talk to the cops.

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Witchfire@lemmy.world ⁨12⁩ ⁨hours⁩ ago
Something similar happened to me once, though I ended up leaving unscathed. I had just returned from visiting my friend a state away and had just taken a passenger ferry. I had my dog with me, who was sleeping in the passenger seat at the time, and the back of the car was full of luggage.

Of course, as I’m about to get home I get pulled over and suspected of drinking. I hadn’t had a single drop to drink that day and explained to them that I was just getting home. Of course the pigs take my info and interrogate me on the side of the road for like 20 minutes trying to get a confession that never came.

The pigs kept trying to put words into my mouth. They kept insisting that I had been on a party ferry (with my dog somehow), and kept implying that my dog was dangerous (she was asleep). I legitimately feared they were trying to fabricate a reason to shoot her.

Finally, they return to their cop car and spend ages doing whatever it is pigs do in their mobile pen. I assume talking and checking my background for any criminal activity (I have none).

Finally they return in a huff, give me my license, and send me off

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- Rhaedas@fedia.io ⁨11⁩ ⁨hours⁩ ago
  That's the kicker, when they finally let you go all pissed off because YOU wasted THEIR time.
  
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  - bluGill@fedia.io ⁨10⁩ ⁨hours⁩ ago
    If you get their badge number you can really make them mad when your lawyer hits them for unlawful detention. They can stop you but it needs to be fast. Talk to a lawyer for details in your state.
    
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xtools@programming.dev ⁨9⁩ ⁨hours⁩ ago
the land of freedom (insert bald eagle noises)

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ricecake@sh.itjust.works ⁨11⁩ ⁨hours⁩ ago
They don’t need to read you your rights for a field sobriety test. I believe every state has laws that make consent a condition of the drivers license and establish that the tests aren’t self incrimination.

They should have read you your rights but if they didn’t question you after arrest it’s probably academic, since failure to do so would mean the answers you didn’t give to the questions they didn’t ask were inadmissible.

A dwi doesn’t require alcohol. They could just say you were on “something”. It’s a catchall for not being in a fit state to drive.

Anything anyone says here is pointless. You need to talk to a lawyer.

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bluGill@fedia.io ⁨10⁩ ⁨hours⁩ ago
I assume in the USA? Not all countries have Miranda or right to remain silent laws. In some you are required to talk.

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reksas@sopuli.xyz ⁨8⁩ ⁨hours⁩ ago
do you have opinions that might not be liked by the people in power?

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Hello_there@fedia.io ⁨11⁩ ⁨hours⁩ ago
What's funny is the growth of right wing anti cop channels. People with guns all over the background of the shot, talking about private property and etc, talking about how cops are just out to get you.
There's like 50 of these channels and they're popular. Every video the host says that cops make shit up, invent ways to get you in prison, and never to talk to them. And then shows a body cam video exemplifying that.
Police are really fucking things up if they are losing the audience this much.

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- JasonDJ@lemmy.zip ⁨10⁩ ⁨hours⁩ ago
  Are they realizing that cops are class traitors?
  
  The message used to be if you were unarmed and someone broke into your house, you’d be dead and your wifes rapist would be finished and on his way back to the ghetto by the time the cops even found out.
  
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Proprietary_Blend@lemmy.world ⁨11⁩ ⁨hours⁩ ago
Sorry to hear. Good luck!

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