Avoiding Suspicion

by ~Me

Have you noticed that there are certain members of our segment of society who seem to attract trouble?  They seem to get caught, need to mount legal defense funds, and ask for help from different professional societies.  Please understand that this is not a flame or personal attack on any individual, group, or collection of individuals who have gotten into trouble; this is a "how not to" analysis.

I define trouble as having special attention paid to one's self by members of law enforcement at any level.  For purposes of this article, I don't care whether certain laws are just, proper, constitutional, or right; I also don't care if the actions, suspicions, or tactics of law enforcement are proper.  I want to help the reader (that's you) avoid their attention.

The bottom line is that if you are going to be doing something illegal, you must avoid, at all costs, the attention of Law Enforcement Officers "LEO" (cops or feds; I also use the term for departments or agencies).  The other thing to avoid is publicity that can come from formal news media, attaching ones name to viruses or malicious attacks to systems. writing for paper or e-zines, or being very "vocal" electronically or verbally.

Learn the local laws and conditions - wherever you are!  They may be petty and they may be unconstitutional, but if they give an LEO some reason to pay special attention to you, watch out!  Remember what happened to our friend at the convenience store in Haverford Township who did federal time because he attracted the attention of a Haverford Township cop.  Was he doing something that was illegal when viewed by an LEO driving by?  I don't know, but from accounts I've read, there was some "hanging out" or maybe a van full of racially disadvantaged males sitting in the parking lot.

LEO's look for that kind of thing.  They also watch "gangs" of youths hanging around in malls.  Especially if they (in the perception of the LEO) are speaking in a weird language or carrying weird devices.  If you are under 18 (or look it), pay attention to local curfew laws.  Pay special attention to vehicle safety, parking, and driving laws.

Many people casually violate the speed limit, ease through intersections with stop signs without really stopping, park on the wrong side of the street, drive after drinking too much, drive after drinking at all (if under age), or drive a fast looking car with minor defects (cracked windshield, broken tail light, plastic cover over the license plate).  LEO'S usually ignore these actions unless they become too obvious or they are in the mood to pick on someone.  They usually do not bother the WASP male businessman in a clean suit (who may know the local politician or be able to afford a lawyer) if he has a broken tail light; but they are more likely to pull over a younger person, someone with long hair, or a member of racial minority.

Once they pull you over, anything in plain sight is fair game - if they can see it (back seat, floor, in the glovebox when you reach for insurance card), they can legally look at it.  If you give them problems (make furtive movements, move like you are reaching for a weapon, or are verbally abusive), they can search your person - for the LEO'S safety - all very legally.  They can also look in your trunk if you give permission (of free will or under pressure), if they get a search warrant (properly or improperly), if they have reason to believe there is imminent danger to public safety, or if they just feel like it (illegally).  If they see anything illegal in plain sight, they can search your person and trunk; if they find anything illegal on your person, they can search your trunk.  If they find anything - in plain sight, on your person, or in your trunk, then the real problems begin!

Although it can be tough at times, treat all LEO'S with respect - especially during a traffic stop.  Turn your inside light on and place your hands on the dash or wheel where they can be seen.  Think of the LEO as someone to social engineer - you want them to like you, not think you are slime.  If you do anything to get yourself arrested, you are wide open for search of person and personal possessions like book bags.  If you are arrested some place like home, they can visually search the immediate premises - any point from where they can enter to where they find you.  Then the same parameters apply as an automobile search.

Never, ever, ever carry a concealed firearm unless you have a permit for it.  This really upsets LEO'S and can cause all kinds of problems (even federal charges if you crossed state lines while carrying).  It is fairly easy to get a permit in many states - Pennsylvania will provide one after a background check.  Basically, you must have a clean record, be of age (18 or 21 - I forget), and be of "good character" - that means you cannot be a habitual drunkard or spouse beater.  You have to provide a reason, something like a work schedule requiring you to work odd hours and travel through dangerous areas.  An interesting tidbit: concealed carry permit holders are not subject to the Brady Bill background check!  The supposition is that they already passed it to get the permit.

Also, avoid the fancy knives!  You are much better off carrying an X-Acto blade or a good "electrician's" knife (scrape some wires with it so you can easily claim that it is a "tool" not a "weapon").

In this day of cyber-phobia and "get tough on criminals," the courts are much less likely to disallow evidence gathered illegally (pulling you over without reason or searching your trunk illegally).  Even if the courts throw out everything from that LEO acting improperly, they can still use the information gathered to look into your life further.  If you were carrying a laptop in your trunk and it was confiscated, they would search the disks, even if they could not use the evidence on the disk, they could use the information to investigate further.  Do you have a copy of Phrack laying around?  Do you have any codes or an elite BBS in your terminal emulator dialer directory?  Any cracked or pirated software?  How about TBBOM?

Yes?  Then they have more reason to watch you and gather evidence.  You have given the LEO what they need most: probable cause.  Probable cause is a legal term defined as: "Reasonable grounds for belief that an accused person is guilty as charged" by The American Heritage Dictionary.  It means that you have given them reason to believe that an illegal activity has or is occurring.  It is the requirement for the issuance of search warrants, arrest warrants, subpoenas of financial and telephone records, and for wiretaps.

When they catch you saying, e-mailing, or downloading something that violates some law - then you are one of those "dangerous hackers" and should be thrown away to protect society before you decide to launch nuclear warheads at Washington D.C. or steal credit card numbers and charge $1,000,000 to some grandmother's Visa card.

Do you do things that gain the attention of telephone company security officials?  They monitor patterns, look into people who receive fraudulent telephone calls (do you get many calls from people using codes or cracked PBXs?), into people who make fraudulent telephone calls (you never card from home, dorm, work, or friend's), and into people who call telephone numbers that make or receive fraudulent calls (do you call phones that have that kind of activity - people or elite boards?).  The security forces can gather information and then give the LEO their probable cause.

Anyone who brags about illegal activities is bringing attention to themselves.  This is publicity.  Who hasn't bragged about cracking some software or a system or figuring out codes - but remember, the only way to keep a secret is not to tell anyone.  If you want to spread information, you must ensure anonymity or safe pseudonymity.  Anonymity occurs when a creation (document, note, message, poem, book, flyer, picture, etc.) is not signed.  Pseudonymity occurs when a creation is signed with a false or made up name - one that cannot be traced back to you.

It is not illegal for an LEO or a telco security official, as a private citizen, to read messages on a BBS or netnews.  This is the same as that person reading the business cards or for-sale notes on boards in some stores - it is publicly available information without the expectation of privacy.  Many boards have LEO'S of telco as members - usually without the sysop's knowledge.  Posted messages have timestamps; telco records have timestamps (traces or illegal calls); the two can be matched up.

Speaking to the media, baiting LEO'S, writing articles, and publicly displaying illegal activities is publicity.  LEO'S go after those that are most visible - especially when that person has had media exposure because it makes the LEO look more effective.

Think about it!  I am not an LEO nor related to one and I don't play one on TV.  I've been pulled over a number of times for minor traffic violations.  I avoided arrest for some fairly serious activities a few years ago by insulating my public and private persona.