Don’t Talk to Police! Legal Behavior Justified a Search
By The Daily Bell Staff - February 20, 2018

It was legal to carry weed in his car when he was in Washington state.

But now he was in Indiana, pulled over for a broken headlight. The cop didn’t smell anything suspicious, nor did he suspect the driver of being impaired. But he did ask some questions.

And that is where the driver screwed up. It is hard in the moment. An intimidating person with a gun is interrogating you. But you have got to stay calm and say in the most polite possible way that you will be exercising your right to remain silent.

Try something like, “With all due respect sir, I make it a habit not answer questions without a lawyer present.” The police officer may try to intimidate and bully you, but he cannot establish probable cause based on your refusal to answer his questions.

The cop asked the driver if he had any marijuana in the car. The driver said no. The cop then asked if the driver had ever had any marijuana in the car. The driver said that when he was in Washington state, he did carry marijuana in the car, which is legal there.

Even though the man was admitting only to legal behavior, the police officer used this fact to justify ordering a canine unit to the scene. The dog alerted the officers to drugs, and a search turned up a small amount of marijuana and a hallucinogen called DMT.

The man’s lawyer tried to have the evidence suppressed based on the fact that the officer did not legally establish probable cause to order a canine unit. The stop extended beyond a reasonable time frame while waiting for the drug sniffer to arrive.

But the court ruled that since the driver admitted to possessing marijuana in the car in the past, it was reasonable for the officer to assume he may still possess marijuana.

The judges explained while police can ask questions about unrelated criminal activity during a traffic stop, Toschlog was under no obligation to answer the officer’s questions regarding the past presence of drugs in his vehicle.

“His choice to do so and to disclose inculpatory information — i.e., that he had previously had drugs in his car — provided the officer with reasonable suspicion to believe at that point that Toschlog currently had marijuana in his vehicle,” the judges said.

This just goes to show that even admitting to legal behavior can allow officers to uncover a crime. This case is obvious, but there are so many crimes on the books, that you might not even realize you have broken one. That is why it is always best to avoid answering questions.

Police are trained to look for ways to make you trip up. What may seem like an innocent line of questioning is really an officer digging for suspicion, probable cause, and legal infractions.

It is always better to remain silent.

You don’t have to play by the rules of the corrupt politicians, manipulative media, and brainwashed peers.

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  • jackw97224

    Kids should be taught that they do not have to answer a question by police and in fact they should go through testing where the typical questions asked by cops are put them to see if they have learned the lesson to remain quiet and not get drawn into the conversation.

    Kids should be taught to ask the officer(s) the Marc Stevens/Lysander Spooner question: What factual evidence do you have that the constitution and law apply to me just because I am physically present in this state?

    Kids should be assigned the following to study, read or listen.

    No Treason No. 6, The Constitution of No Authority by Lysander Spooner (

    The NoStateProject blog by Marc Stevens ( or (

    Economics in One Lesson by Henry Hazlitt (

    The Inflation Crisis and How to Resolve It by Hazlitt (

    The Law by Frederic Bastiat (
    or (

    That Which is Seen and That Which is not Seen (

    Stephen’s Guide to the Logical Fallacies (

    For A New Liberty by Murray Rothbard

    The Political Thought of Étienne de la Boétie, by Murray N. Rothbard,

    TheZero Aggression Project (

    Away From Freedom by Vervon Orval Watts

    Our Enemy The State by Albert Jay Nock

    Human Action by Ludwig von Mises

    Fiat Money Inflation in France by Andrew
    Dickson White

    German monetary history in the first half of the twentieth century.

    Bresciani-Turroni, Constantino. 1937. The Economics of Inflation. A Study of Currency Depreciation
    in Post-War Germany London: G. Allen & Unwin Ltd.

    • akagaga

      Nice list, but you’re really going to try to ram Human Action down a kid’s throat? I made it through when I was in my twenties, but I didn’t read anything for months after.

      • jackw97224

        Maybe not the whole tome but certainly some portions to give them the opportunity acquire balance, to give them a foundation upon which to build and for certain the chance to achieve the ability to handle the commie/socialist propaganda, indoctrination and brainwashing that is thrown at them by the politicians and MSM. The kids that approved of Bernie Sanders obviously had not read and understood what Mises wrote or they were intellectually dishonest, i.e. they were immoral.

  • RayNAiken

    Shoulda kept his dumb ass in Washington state or learned the laws in states he traveled. They are not the same. They should be.

    • NobodysaysBOO

      or just sue the cops for a MILLION, may take years SO WHAT!!!

    • SnakePlissken

      The US is made up of individual States, not Provinces. Each state has the right to make their own laws as long as they don’t violate the US Constitution, which reserves all rights not explicitly defined in the US Constitution to the States.

      • RayNAiken

        true….But it sounds to me that state is violating that man’s 4th amendment right.
        The 4th is supposed to be in ALL the states.

  • NobodysaysBOO

    LIE like a US president ! they will go away .
    like a MEXICAN answering a knock at their door by cops!!!!!

  • Varangian Guard

    Dope is for dummies, don’t be a dope dummy.

    • Mutt

      Pot’s not dope, dope is MAN MADE garbage. God put pot on this earth for a reason, for medicine. Alcohol and nicotine is by far, more “dope” than pot is.

      • Varangian Guard

        I disagree. God put a LOT of chemicals on this Earth, doesn’t mean you need to put them in your body. Nobody is marketing sumac as toilet paper, opium come from poppies and they need a lobbyist to have a pleasant conversation about, and castor beans are a precursor for ricin.

        Dope is for dummies. If you don’t want to call the pot dope, you can justify it all you want. But even plastic starts out as a plant, oils squeezed from soya, linseed, and pine. Go talk to a tree hugger about it, that same tree they hug is capable of making many things that will non-biodegradable.

        Just because God made it doesn’t mean it’s good for you, he gave you a brain to reason things out.

        PS…. stay away from the mushrooms in the cow manure too

    • SnakePlissken

      Over 100,000 people die every year by drugs made by pharmaceutical companies and prescribed by doctors.
      There have been zero deaths by overdose from pot ever.
      Big Pharma has manipulated you into thinking their drugs are good, but other drugs are bad. Who’s the dope dummy again?

      • Varangian Guard

        Big Pharma is guilty of many sins as well. Money is the evil root for them.

        Dope is for dummies. Drugs are for folks that can’t handle reality. Overdose is your argument and is just as flawed as “God made it so it is okay” line of rationalization.

        When used properly some pharmaceuticals can be beneficial. Anything in moderation is the key. Unfortunately many humans are just that, human and cannot maintain self control and go overboard. Pot smokers do the same.

  • SnakePlissken

    “Am I being detained?”
    “Am I free to go?”
    “I have no statements to make without a lawyer present.”

  • DavidMacko

    Until all federal and state drug laws are repealed the United States will remain a police state. We need to restore the Constitutional republic to which the Founding Fathers pledged their lives, liberty and honor and for which thousands of men died.

    • Chris Mitchell

      If it wasn’t drugs it would be something else – like guns or ammo. If you had any in a legal state like Arizona, you could go to prison in another like California or New York.

      • DavidMacko

        Getting rid of all of the unconstitutional drug laws would set a very good example for getting rid of all of the other unconstitutional or unnecessary laws which are being used to enslave us.