How I could be of use to Jay-Z
I could offer some advice regarding dealing with authority figures.
Also, how are your kids doing? And what's the deal with criminals? I mean, do they wanna go to prison? It's like, come on!
1. Stepped out of shit, in particular, out of the car.
2. Backed up claims of legit papers with license and registration.
The year is '94 and in my trunk is rawExcellent choice.
In my rear view mirror is the mother fuckin law
I got two choices y'all pull over the car or
Bounce on the devil put the pedal to the floor
Now I ain't tryin to see no highway chase with jake
Plus I got a few dollars I can fight the case
So I...pull over to the side of the road
And I heard "Son, do you know why I'm stoppin you for?"Be respectful and you'll be on your way.
'cause I'm young and I'm black and my hat's real low?Oh boy. Definitely do not guess any mo.
Do I look like a mind reader sir, I don't know
Am I under arrest or should I guess some mo?
"Well you was doin fifty five in a fifty four"What I would've said: Officer, going one mile per hour over the speed limit hardly justifies pulling me over. Moreover, a 54 mph speed limit is unfair. I hadn't seen a sign in a while, and since speed limits are usually multiples of 5, I assumed the limit was 55. We're on a highway, after all. Plus, all these cars around us are going so much faster.
"License and registration and step out of the car"
"Are you carryin a weapon on you? I know alot of you are"
Also, how are your kids doing? And what's the deal with criminals? I mean, do they wanna go to prison? It's like, come on!
I ain't steppin out of shit all my papers legitWhat I would've done:
1. Stepped out of shit, in particular, out of the car.
2. Backed up claims of legit papers with license and registration.
"Do you mind if I look 'round the car a little bit?"Good spirit, but the officer doesn't need a warrant. In fact, reasonable suspicion is enough, and your combativeness is getting uncomfortably close to arousing such suspicion. (Yes, even in a car.)
Well my glove compartment is locked so is the trunk in the back
And I know my rights so you gon' need a warrant for that
"Aren't you sharp as a tack? You some type of lawyer or(quietly, to self): Who trained you, the ACLU?
something, somebody important or somethin?"
Nah I ain't passed the bar but I know a little bitSWEET RHYME, but I recommend against using profanity while speaking with the cop. After all, you are trying to get out of trouble, not write a rap song.
Enough that you won't illegally search my shit
"We'll see how smart you are when the K-9's come"No, it was not the ACLU who trained you.
I got 99 problems but a bitch ain't oneAgain, do not arouse reasonable suspicion. Thanx, the mngmnt.
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| With my guidance, a more manageable 98 problems |
posted by robusteza at 12:34 AM
¡ subscribe !
3 Comments:
Knowles v. Iowa was just an embryo in ’94, the year of Jay-Z’s encounter, but that’s beside the point for a handful of reasons.
My uneducated understanding of Terry is that searches (not mere stops) without probable cause may be conducted if the officer has a reasonable suspicion a crime is imminent or the person is dangerous. My uneducated understanding of MI v. Long is that Terry applies in the car as it does on the street. I think you're saying Knowles leaves this intact when you mention dangerous occupants. And if suspicion of a future crime leads to arrest, then Terry and Knowles are consistent. Of course, I intend to read these cases as much as you intend to read the Red Book of Varieties and Schemes, which by the way is awesome.
ANYWAY, in my irreverent post, I twice attempt to apply the “reasonable suspicion” standard just mentioned. One is logically careless and intended only to provide continuity: Jay-Z’s near-admission that he’s riding dirty (at the very end of the verse) does not imply he’s dangerous or about to commit a crime. I do wonder: if the officer suspects Jay-Z is about to sell lots of marijuana, would that count as impending crime and thus lower the standard for search? Of course originally I did not have in mind the future crime exception.
The other application, at the height of the intense interaction between the cop and Mr. Z, is less clear-cut. I agree my assertion “reasonable suspicion is enough” is imprecise (suspicion of what?), so I'm guilty of giving advice which might erroneously be construed to mean “always consent to searches.” I hereby apologize to rappers and other searchees.
BUT my themes of caution and respect, and in particular my admonition against “combativeness,” are excellent legal recommendations for those wishing not to provide policepeople* with reasonable suspicion they’re dangerous. Bear in mind Jay-Z never answers the cop as to whether he's carrying a weapon, and Z’s future mention of the glove compartment suggests at least he might be armed. Moreover, Z’s response to the cop’s demands that he get out of the car and declare whether he’s strapped is, “I ain’t stepping out of shit.” Is this at least obstruction? Do we have to answer the cops if they ask if we have weapons?
Are there cases which clarify what counts as reasonable suspicion a person is dangerous which might shed light on our scenario? Also, I sense that “I know a lot of you are” puts the search on shakier footing.
Anyway my advice against arousing suspicion is still good, I think. Plus, we agree silence would have better served Jay-Z.
I was hoping a lawyer would respond, though I was also hoping to be less wrong. P.S. Don't answer my questions if it means poorer service for actual defendants; so far the evidence that young rappers read my blog amounts to: not any evidence at all.
*I’m a bit of a radical on gendered words
More to the point, re:
Why would you choose to post about police-rapper relations and, even more shockingly, Fourth Amendment law?
Because I wanted to write about 54 mph speed limits, son!
Looks like Jigga is down one problem: he can sue his shity mathematician attorney for malpractice.
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