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1993-04-26
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Commandment I:
·∙─=BE AWARE OF THE RULES=─∙·
Nobody can know it all, but a general familiarity with basic practical
considerations should precede the operation of any business or profession.
A doctor or lawyer wouldn't hang out his shingle without first having prepared
himself through the appropriate program of study. Nether should anyone
presume to conduct an illegal enterprise without first educating himself in
the technicalities of the field. Learning through error may be a fine method
for the aspiring artist, but it's far too costly for the would-be outlaw.
A. A general knowledge of criminal procedure is useful for
anyone who may become a "guest" of the system. An example
of how this kind of knowledge can be practically applied is
evident in the case of a warranted search. The magistrate
who issues a warrant has no business participating in the
search. Therefore, you should always take down the names of
everyone present during a police search. Bystanders can be
used later as witnesses to any constitutional violations, and
if the magistrate's name shows up on the list, the warrant
becomes invalid.
B. Know the state and federal laws concerning your particular
type of business in michigan, for example, there's a mandatory
life sentence for possession of schedule 2 drugs in quantities
exceeding 650 grams the sensible cocaine dealer there would
avoid the risk of incurring this maximum penalty by simply
making it a policy to never handle more than a pound at a time.
At $300,000 a pound, nobody but a large-scale importer would
ever need to have more than that on hand anyway.
Commandment II:
·∙─=DON'T ATTRACT ATTENTION=─∙·
Many people get into trouble with the law because they have an emotional
hunger for self-esteem which they try to feed by showing the world what
bad-asses they are. For them crime is a macho trip, and some of them aren't
truly satisfied until they do get caught. Many others, whose sole motive for
breaking the law is profit, make an attempt to be inconspicuous, but botch it
through carelessness and alack of perception. What both these classes of
people have in common is there tendency to attract the attention of the
police, something which is avoidable if a person will just think ahead and
use common sense.
A. Avoid conforming to profiles. Whatever you're up to, a police
inquiry isn't likely to do you any good. Since they often use
police profiles as a means of selecting likely candidates for
inquiry, you should make a studied effort to avoid conforming
to the indicia as much as possible.
B. Avoid evoking attention or suspicion in general.
For example:
1. Don't be a walking social statement. If you're proud to
be a member of some special interest or minority group,
that's terrific, but leave the costume, song and dance
at home. Bikers, cholos, gays, nazis, and other such
groups all have outspoken enemies who occasionally want
to start something. Ordinary, dull, everyday people have
no such problems. Look ordinary, and do yourself a favor.
2. Don't be abrasive, belligerent, or weird.
3. Don't make wisecracks to the police.
4. Don't do things in public that are dead giveaways of
criminal activity (e.g. sniffing the merchandise during
a drug transaction).
5. Don't place incriminating items where they can be seen.
6. Don't drive erratically
C. Maintain an attitude of legitimacy.
1. Be sincerely convincing in everything you say and do.
2. If you're singled out for inquiry by the police,
a. be confident.
b. be politely indignant - not because you "know your
rights" (which suggests a criminal background), but
because you've "done nothing wrong" (which suggests a
legitimate citizen who's unaccustomed to being bothered
by the police).
Commandment III:
·∙─=KEEP QUIET=─∙·
A. Don't disclose information to anyone unless he has a specific
"need to know." This is standard policy for intelligence
organizations, and while your secrets may not be as big as those
of the CIA, they're every bit as important to you.
1. That includes the people closest to you - your family and
trusted friends (particularly in times of stress, e.g. when
you're in jail).
2. Be particularly cautious in so-called "privileged"
relationships, such as:
a. the doctor patient relationship
i. Never give a physician or psychotherapist information
or admissions pertaining to a crime.
ii. Be advised that doctors are generally required by
state law to report all gunshot wounds the the police.
b. The attorney-client relationship
i. Never tell a lawyer anything that he doesn't need to
know to defend your present case.
ii. never tell a lawyer about your plans concerning a
future illegal activity.
3. Regard business associates and casual acquaintances
presumptively as undercover police
a. Take precautions to assure that they aren't "wired"
during a transaction.
b. Avoid conducting transactions in places that might
be bugged (especially a hotel, jail, or the other
person's place).
4. Don't talk to police. In the words of justice jackson,
"any lawyer worth his salt will tell the suspect in no
uncertain terms to make no statement to police under any
circumstances." Be rude, but no matter what they do or say,
don't provide them with your words; they'll find a way to
use them against you. The kinds of volunteered statements
which must especially be guarded against include:
a. pleasantries and chit-chat.
b. admissions of one's knowledge about facts
in a crime.
c. admissions of one's awareness of his
rights and responsibilities.
d. remarks which are prompted by ego or emotion.
5. When dialogue with police is unavoidable:
a. Always have a solid, irrefutable cover story prepared,
right down to the minutiae. For example, if you give
the telephone number and address of a friend's house
instead of your own when you call in your airline
reservation, be prepared to give a plausible explanation
of why, in case the cops check it out later. Surprises
are only fun at christmas and birthdays.
b. Don't tell a lie which can be refuted by checking
c. Be especially wary of private-duty police, foreign
police, probation and parole officers, and other
"irregulars."
6. Avoid giving the police and information about your
car or where you're staying.
a. Have your car key made so that it doesn't show what
type of car it goes to.
b. Don't carry your hotel key around with you;
leave it at the hotel desk.
c. Don't tell the police you have a car if your arrested.
Don't tell them what type it is or where it's located
if they ask.
d. Don't tell the police which hotel your using.
B. Don't engage in conspiratorial dialogue over the telephone.
Unless your using code words which are totally meaningless
to the uninformed listener, it isn't safe to use the telephone
for secret conversations. Merely couching your words so as to
hint at what you're trying to say without coming right out and
saying it doesn't fool anybody; if your partner can understand
it, so can the cops who are listening in.
C. Take a firm defensive stand as soon as you suspect that an
adversary situation exists.
1. Once the police have decided to arrest you,
don't go into explanations in an attempt to change their
minds. You won't prevent the arrest, and your statements
could hurt you later.
2. Don't wait for them to read you your rights after they
arrest you; announce your own Miranda rights to the police.
University of Michigan Law Professor Yale Kamisar recommends
something like this:
I believe I have a perfectly good defense, but I
want to talk to my lawyer about it first. I understand
that I have a right to remain silent, and a right to
discuss my situation with a lawyer before saying anything
to the authorities, and I intend to do just that. I intend
to exercise my constitutional rights. Nothing personal,
you understand.
If you're slick enough to do this, the cops won't be able
to impeach you later with your post-arrest silence.
3. Invoke silence by demanding counsel, and do so again every
time they give the miranda warnings.
4. Never waive your silence thereafter. Pay no attention to
their innuendos and threats. Ignore their offers of leniency.
Turn a deaf ear even to an emergency plea for your help. The
devil can cite Scripture for his purpose, and if you let his
entreaties loosen your tongue you'll be sorry.
D. Avoid becoming a grand jury witness.
1. If you anticipate that you may be useful as a witness, both
you and your associates may be better off if you can't be
located when the subpoena comes out.
2. If you are subpoenaed, seek to have yourself declared
incompetent to testify.
3. If you're forced to testify, invoke the Fifth Amendment
right to silence to every question beyond your name, no
matter how harmless. Don't answer even one question,
because doing so will be a waiver of your right to be
silent. If you persist with your silence, they'll be forced
to grant you immunity from the use of your testimony.
4. If you're granted immunity, find as soon as possible some
clue which suggests that an illegal wire tap might have
occurred, and make the allegation. Refuse to give further
testimony on that basis.
5. Be taciturn and as unhelpful as possible.
Commandment IV:
·∙─=DON'T CONSENT=─∙·
A. Don't let people into your home (or other parts of your property)
unless you summon them yourself for a specific reason. When you
do bring a stranger in, such as for repair work, be extremely
cautious to patrol the place ahead of time in order to remove
anything that may be incriminating or suspicious, and accompany
him at all times while he's there.
A strict closed- door policy is only necessary if you're into
some type of crime, but you must realize that any crime at all
places you in this category. Smoking a little weed or having a few
eagle feathers on your wall might seem inconsequential and harmless
enough from your point of view, but they are crimes. Even if the
fruits of your particular brand of mischief aren't the sorts of
things that you display in plain view, it's still possible that
some unforeseen item that's lying around can tie you in - something
that an undercover cop would recognize immediately. People who
dabble in crime simply can't afford to lead a happy-go-lucky
lifestyle.
B. Never consent to a search. If the cops have a warrant, or if they
have the legal justification based on one of the exceptions to the
warrant requirement, they'll do their search without your consent.
If they don't have such justification, don't give it to them - not
for a search of your person, your baggage, your car, your house -
not for anything.
C. Never consent to being detained.
1. Do not accompany the police if they ask you to go with them
somewhere. Insist on an arrest warrant (which will be useful
to you for evidentiary purposes later). Force them to resort
to physical restraint (arrest) in order to move you anywhere.
2. As soon as you've met their initial inquiry with the barest
minimum of information, seek to leave. If they won't let you
leave at first, keep trying to leave until they are forced to
either arrest you or let you go.
3. If police inquiry occurs as you're about to make a flight,
and there's any possibility of incriminating evidence being
discovered, abort your trip and leave the airport immediately.
4. If the police are detaining anything that belongs to you,
announce that you will return for it later, but don't wait for
it.
D. Never consent to having your property detained.
1. Don't voluntarily give them anything; force them to seize
whatever they wish to detain.
2. If your ID is shaky, if it doesn't match your ticket, or if
it's good but you know that there is incriminating evidence in
your luggage, do not show the ID or admit even having it
with you.
E. Avoid conferring your automatic consent.
1. Beware of the automatic consent which is inherent in government
contracts, the operation of governmentally regulated businesses,
and passage through governmental reservations.
2. Don't share a place with another person if you can't sustain a
police search of it.
3. Don't place your confidential property into the hands (or car,
or house) of another person.
F. Instruct your family and friends not to grant consent for intrusions
of your property; but don't rely heavily upon their compliance.
Commandment V:
·∙─=TRUST ONLY WHAT YOU CONTROL=─∙·
A. For privacy from police intrusion, rely upon your home more than
your person: your person more than your luggage; and your luggage
more than your car.
B. For privacy in your buildings, rely upon living areas more than
nonliving areas; nonpublic or infrequently visited areas more
than public or heavily visited areas; and interior more than
exterior areas.
C. For privacy concerning your identity:
1. Never transport illegal items without using an alternate
identity, in case you're forced to leave the parcel behind.
2. Avoid conducting illegal transactions under your real identity
and address, in case your partners prove to be untrustworthy.
3. For alternate identity, use only solid (verifiable, state-
issued) ID and plausible address and telephone references
(ones which won't lead to a vacant lot or a bewildered occupant
when checked out).
4. Never have more than one set of ID in your possession (including
your car) at one time.
D. Always carry ample cash on your person to cover emergency expenses
for which a check isn't accepted (car towing and impoundment fees,
bail bondsman fee, etc). Carry it on your person, not in your
baggage or car, where it might become unavailable.
E. To assure the maximum legal right of privacy in your car,
maintain complete control of it, take precautions to prevent
intrusions into it, and be present to object if the police
need to search it.
Commandment VI:
·∙─=DON'T TRUST THE PRIVACY OF ANYTHING=─∙·
·∙─=WHICH IS ACCESSIBLE TO THE PUBLIC =─∙·
A. Be aware that cars, luggage and lockers which are in public
locations are vulnerable to dog-sniffing inspection
B. Be aware that cars on public highways are vulnerable to
electronic monitoring.
C. Don't give your private papers even a limited showing.
D. Don't put anything private into the garbage.
E. Don't keep a stolen car if its VIN number (serial number) is
visible from the outside of the vehicle.
F. Never leave contraband in the same container in which it was
delivered. Customs, postal or delivery service employees may
well have had a preview of it.
G. Avoid engaging in illegal activities while under official
scrutiny (e.g. investigation, bail, probation, etc).
Commandment VII:
·∙─=BE WARY OF EVERYONE=─∙·
A. Be alert to any possible indications of treachery in lovers and
friends.
B. Don't deal with anyone whom you haven't independently checked out.
C. Be Supremely cautious of a deal where a third party shows up on
the scene - particularly one who presumes to be a big shot or
high-roller type.
D. Be triply cautious if you're new to the business or to the
locality, and therefore unfamiliar with the people.
E. Don't accept favors from the police, and don't do them any.
Commandment VIII:
·∙─=DON'T GIVE THE POLICE AN OPENING=─∙·
Unless they have independent reason to believe that you're guilty of
some crime, the cops won't ordinarily have occasion to pry into your affairs.
There are, however, a number of situations which give them such an
opportunity; avoid them if at all possible.
A. Avoid letting petty offenses go unresolved until they eventuate
into outstanding warrants. Nobody likes to pay parking tickets,
but they can hurt you a lot more if you let them pile up until
they mature into an arrest warrant that might come at a
disastrous time. The same holds true for court orders.
B. Avoid providing an exception to the warrant requirement.
1. Try to keep incriminating evidence where it won't be exposed
because of a fire, medical emergency, burglary, etc.
2. As much as possible, avoid keeping incriminating evidence in
a vehicle.
3. If you suspect that you're being watched, if you're about to
be arrested, or if you've just been arrested don't go to a
place where there might be incriminating evidence. (e.g. your
house or car).
4. Don't keep incriminating evidence within the confines of a
business which is heavily regulated by the government
(e.g. mines, gun dealerships, liquor establishments,
pharmacies, etc).
5. If an alternative exists, avoid entering zones of government
domination where both discretion and frequency of search and
seizure is heightened. Examples of places to avoid include:
a. military reservations
b. prison grounds
c. busy border-crossing areas
d. Customs checkpoints
e. fixed Border Patrol checkpoints
f. agricultural inspection checkpoints
g. roadblocks for checking on licensing and registration,
drunk drivers, and manhunts
Different types of governmental control areas pose varying
levels of intrusion. The sort of reception that you can expect
at a licensing and registration checkpoint, for example, should be
minimal: Uniformed cops are supposed to make the inquiries, and
only if they have reasonable suspicion of a crime are they
entitled to order people from their cars or ask for consent to
search. The narks and the sniff dogs aren't even supposed to be
brought out where the motorists are unless they have probable
cause. On the other hand, the Bureau of Customs has a virtually
unlimited level of discretion to search and detain people who
enter their domain. If you can't withstand a search or inquiry,
and you aren't sure exactly what kind of show they're running up
ahead, your safest move is to discreetly pull off the road and find
another direction to take.
C. Don't give the police grounds to suspect that you might be
in possession of either a weapon or contraband. If you're
accustomed to putting on the gangster act, swallow your pride
for a little while and try to look harmless while there are
police around. Unless you enjoy the frisk, you really don't
want to convince them that you're a "bad dude."
D. Don't violate vehicular laws. Because of automobile
administrative regulations, traffic laws, and parking ordinances,
police are successful in bringing about the unexpected arrest of
more outlaws than by any other mechanism in their repertoire.
These laws form a net in which fugitives, illegal aliens, drug
dealers, thieves, republicans - every imaginable type of crook -
can be caught. Not withstanding all the rhetoric about highway
death tolls, the government would certainly want to keep these
laws intact even if all vehicles were accident-proof; they're
too good a pretext for catching people who are wanted for other
reasons. Be sure, therefore, that you:
1. carry a valid driver's license.
2. carry a valid automobile registration.
3. have no mechanical violations on your vehicle (e.g. broken
lights, bad muffler, excessive exhaust, etc).
4. obey the rules of safe driving.
5. don't have the smell of alcohol or marijuana in the car
6. park only in legal places during allowable times. don't
forget that parking meters expire, and certain legal parking
spots on the street become tow-away zones during rush hours.
Commandment IX:
·∙─=DON'T LEAVE THE POLICE A HANDLE=─∙·
Once the cops do become interested in you, it's still possible to
frustrate much of their endeavors if you've taken certain routine
precautions in advance. Without that one good handle on you - something to
open the door for them - they'll often have to let you slip through their
fingers.
A. Watch out for your personal property.
1. Don't leave your confidential property in the hands of
somebody whom you know to be a likely candidate for search
and seizure.
2. Don't abandon your confidential property when the police
have custody of it. Demand a search warrant, and promise
to return for it later.
3. Always try to have a local friend to call upon for favors
wherever you go.
a. If you're arrested away from your dwelling, have a
friend pick up your car before it's impounded. Speed is
vital in order to accomplish this before the cops can
figure out where your car is, or before it's impounded
for a parking violation.
b. if you're arrested in a town where you have a hotel
room, have a friend go over and pick up your belongings
from the room before the police get their hands on them.
4. Register your car in the name of somebody else who will not
be locatable by police. This reduces your status to that
of borrower rather than owner of the car, and thereby allows
you to legitimately deny knowledge of anything which might
turn up from a search of the trunk (provided that you haven't
left your fingerprints or other trademarks in there). It also
prevents the cops from locating your car after they've arrested
you, since they'll be trying to look up the registration file
on a car registered in your name.
5. Don't carry weapons or contraband inside the passenger
compartment of a car or the back of a camper.
6. If somebody should carry a weapon or contraband into the
passenger compartment, be sure that he gets out of the car
with it promptly in the event that the car is stopped by
police.
7. Always keep weapons and contraband:
a. locked in the trunk.
b. additionally locked inside a container. Keep the key to
the container well hidden in the trunk rather that on
your person, thus forcing the police to damage the
container in order to open it.
8. Keep drugs and explosives in hermetically sealed containers
whenever transporting them so that a dog sniff cannot
identify them. The outside of the containers must be washed
clean, too, since any trace will alert the dogs.
9. Park away from your property whenever there's contraband in
your car. This prevents it from falling within the reach of
a warranted search of the house, in case that should occur.
Don't make a routine habit of parking at a distance, however,
or the cops might think to specify your car in their warrant.
B. Don't give them an excuse to detain or arrest you.
1. Don't go near your place if the cops are already there
searching it, since that would entitle them to detain you
as the occupant.
2. don't resist and illegitimate arrest. You'll beat it in
court if the arrest is improper, but you'll make it
legitimate if you resist.
3. Avoid associating yourself with a person or thing for which
you know that the police have probable cause to make a
seizure. Probable cause is highly contagious.
Commandment X:
·∙─=GET A LAWYER=─∙·
Even if you know a considerable amount of law yourself, and are
unwilling to completely trust your fate to the care of a shyster, you should
always have one representing you from the earliest stages of a criminal
beef, because:
A. A lawyer can check out and challenge a complaint, a warrant,
and the affidavit supporting the warrant. As a defendant
representing himself, you can't effectively do any of this.
This simple expedient shouldn't be overlooked, because it
might get you released immediately and cause the entire case
to be dismissed.
B. A lawyer can investigate the facts of your case to develop
grounds for a defense. You can't investigate anything
from a jail cell.
C. A lawyer knows what to watch out for to protect your
interests from prejudice during pretrial proceedings
D. A lawyer knows trial and appeal procedure; he knows what to
object to and when to do it so that it will be timely and
effective. Chief justice Earl Warren once said in this
regard that "the jury system... becomes a trap for the
layman because he is utterly without the ability to make
it serve the ends of justice.: This is the proper job for
a lawyer...
E. A lawyer can negotiate deals with the prosecution more
safely and effectively than you can. You risk making
evidentiary admissions every time you open your mouth in
front of a prosecutor, a risk which doesn't exist if your
mouthpiece does the talking. As an objective, experienced
professional, the lawyer is also more likely to get you a
better deal on a plea bargain than anything you'd be likely
to swing yourself. You can't make a deal with the devil, but
a lawyer certainly can (probably because they're so closely
related)
F. You should have legal counsel if you're subpoenaed as a
witness before a grand jury, even though you aren't charged
with anything. There's a good possibility that you soon
might be.
G. Always be aware of the details of your case and of
everything your lawyer does (and doesn't do) in representing
you, particularly if he's a public defender. Don't hesitate
to speak up to the court if you suspect that he's screwing
up; it's your case, and if you lose, it'll be you who goes
to prison, not the lawyer...
Your chances of staying out of jail would be greatly increased if you lived
these 10 commandments every day.
Look for my files on making your own professional lock tools PLT.
Eddie The Wire
