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Offline79towncar
Stranger
Registered: 12/11/08
Posts: 310
Last seen: 11 years, 2 months
Re: Remaining silent limitations [Re: Chespirito]
    #10313127 - 05/09/09 02:29 PM (15 years, 13 days ago)

If ever a police officer asks you for ID definitely give them your ID. If they ask you questions about where your going and this and that don't say anything. Just say officer I am in a hurry and I need to be getting on my way. If they then tell you "well I have to ask you some questions" simply reply " at this time I need to be going if you have any questions to ask me you can speak with my attorney". Then ask "am I under arrest"? If they say no then say " well then I am going to be on my way". Then just leave, make sure you have your ID haha. If they try to stop you say "I'm sorry I am in a hurry, if I'm not under arrest and you just have questions to ask then please speak to my attorney". Make sure you actually have an attorney.. If they come to your house... You can either not answer the door (recommended). Or answer and say "I can't talk now I am very busy if you don't have a warrant please leave and any further questions can be asked to my attorney". The biggest thing of importance is that if the cops are sweating you about something DON'T SAY ANYTHING TO LOCK YOURSELF INTO A STORY. If you do your stuck with that story forever. Be polite and tell them you are in a hurry without a warrant please leave. If you are arrested and they are trying to get you to make a statement simply say " I prefer not to make a statement". Just tell them your name and that's all. Don't talk about where you were, what the weather has been like, where you grew up, just say nothing. Even if they are asking you questions over and over. You are not under obligation to speak with police anytime about anything just say nothing and stare at them like you are deaf. If they really need you to make a statement they will indict you. Even if you get indicted you can then just plead the 5Th haha. Hope I've been of some help Take it easy..

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InvisibleStonehenge
Alt Center
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Registered: 06/20/04
Posts: 14,850
Loc: S.E.
Re: Remaining silent limitations [Re: 79towncar]
    #10313356 - 05/09/09 03:35 PM (15 years, 13 days ago)

That's good advice in general but it's better to be a little bit more polite. If they say you are not under arrest, that does not mean you are free to go. Ask if you are being detained, that is a better question to ask. If they ask any questions like where are you going, what are you doing, etc, just say "that's personal" and shut up. Then ask if you are being detained until you get an answer and leave soon as you can.

Being a wisenheimer and saying your lawyer this and that might make them mad. It's better to answer simple questions and clam up soon as it sounds like they are trying to get something on you. For example, if they ask where are you going, you could say to the grocery store. No harm no foul and it sounds like you are being cooperative. If they ask what's in your trunk, glove box or so on, then obviously cooperating is not going to work. Then ask if you are being detained and say nothing further.


--------------------
“A democracy cannot exist as a permanent form of government. It can only exist until the voters discover that they can vote themselves largesse from the public treasury. From that moment on, the majority always votes for the candidates promising the most benefits from the public treasury with the result that a democracy always collapses over loose fiscal policy, always followed by a dictatorship.” (attributed to Alexis de Tocqueville political philosopher Circa 1835)

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Offline79towncar
Stranger
Registered: 12/11/08
Posts: 310
Last seen: 11 years, 2 months
Re: Remaining silent limitations [Re: Stonehenge]
    #10314073 - 05/09/09 07:08 PM (15 years, 13 days ago)

I understand what your saying but most of the times I got hauled in for crimes the last thing the police offered me was courtesy.. A bunch of times I was jogging and they would bust my balls everyday. I would just give them my lawyers cards and ignore them for the most part. I got hauled in for 48 hour holds almost a dozen times and the last thing I give the police in my state is respect. Of coarse if it's just a chance encounter you want to be polite. But if you answer a cops questions they don't stop.. "what do you need at the store, why are you taking this route, who else is going to be at the store, why are you going at this time"? I just say Look I'm in a hurry if I'm not under arrest I am leaving. Usually this ends up pissing them off and they all know me around here so they are gonna hold me anyway. If your under investigation it's better to lawyer up right off the bat.. Like you said tho a chance encounter then maybe politeness is good..

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OfflineSmackshadow
It's Time for Wild Speculation


Registered: 09/27/05
Posts: 575
Last seen: 4 months, 6 days
Re: Remaining silent limitations [Re: 79towncar]
    #10324930 - 05/11/09 11:21 PM (15 years, 11 days ago)

First, this is not legal advice because I am not a lawyer.

However, it is my understanding that before you are detained (a reasonable person would not believe they had the right to leave) you can do pretty much what ever you want.  At this point you have the right to remain silent, because you don't have to talk to them at all and have the right to leave.  If they tell you that you cannot leave then you are detained and after you are detained you have the right to remain silent.  I believe that they don't have to read you your rights until they arrest you, but you still have the right to exercise your rights if you are detained.


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The trouble with fighting for human freedom is that one spends most of one's time defending scoundrels. For it is against scoundrels that oppressive laws are first aimed, and oppression must be stopped at the beginning if it is to be stopped at all.
     
~H. L. Mencken~

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Offline79towncar
Stranger
Registered: 12/11/08
Posts: 310
Last seen: 11 years, 2 months
Re: Remaining silent limitations [Re: Smackshadow]
    #10326031 - 05/12/09 07:25 AM (15 years, 10 days ago)

SMACKSWADOW your right about your statement but if police are stopping you in the 1st place they probabily have reason.. Unless your speeding or for some other traffic violation. Chances are if your walking to take the trash cans in or taking a jog around the neighborhood a police officer isn't going to stop you. Unless of corse you were suspected in a crime, have a warrant, or are under investigation.. So if a police officer stops you while your doing something normal chances are they are probabily going to bust your balls.

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OfflineSeussA
Error: divide byzero


Folding@home Statistics
Registered: 04/27/01
Posts: 23,480
Loc: Caribbean
Last seen: 3 months, 8 days
Re: Remaining silent limitations [Re: 79towncar]
    #10326137 - 05/12/09 08:15 AM (15 years, 10 days ago)

> Unless of corse you were suspected in a crime, have a warrant, or are under investigation..

.. or happen to be the wrong color, look different, etc.


--------------------
Just another spore in the wind.

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Invisiblefastfred
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Folding@home Statistics
Registered: 05/17/04
Posts: 6,899
Loc: Dark side of the moon
Re: Remaining silent limitations [Re: Seuss]
    #10327024 - 05/12/09 12:27 PM (15 years, 10 days ago)

I know a guy that was harrassed quite a bit for awhile.  He filed a complaint and then a lawsuit.  Finally the PD offered a settlement... they flagged his plates and his file with some comment and he NEVER got stopped again.

Not sure what they put in there, but it was probably along the lines of "pending harrassment lawsuit against the PD."  Any cop that sees that sure isn't going to want to be included in that lawsuit and they know the guys already been checked out many times and has no record.


-FF

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