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despisedicon
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something I don't understand about "I am going to remain silent. I want to see a lawyer"
#7400226 - 09/12/07 10:47 AM (16 years, 4 months ago) |
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Most people know this is a good rule of thumb to follow when speaking to the police. I'm a bit confused on the scenario of what would happen next.
I'll tell a story that happened a couple years ago in high school to help you understand what I am trying to convey. OK, a couple friends and myself were at the local skate park. We wondered off like any other time into the woods to smoke cannabis. Not causing any trouble, minding our own business. We are sitting in our usual spot on some logs, passing around a joint. We were there for a while then one of my friends said he heard footsteps walking towards us. No one seemed to care, and we continued to talk. This was roughly ten minutes after the joint was done.
Now, we are approached by two officers. I'm going to try to keep this rather brief. One cop says he had a report of kids smoking pot back in the woods. (my one friend's ex-girlfriend ratted us out after she saw us walking to smoke pot, she knew what we were doing and wanted revenge because my friend cheated on her)
During the encounter we give the cop the run around, and no one confesses any incriminating information. Basically, three of us were polite and one was hostile. The cops inspect our eyes and pat us down. Luckily, only one of us had a bag of weed on their person. The rest of us had our bags back in the car at the skate park.(if we had a bag of weed at the time) The one friend that had a bag stashed it in his sock. I kid you not, in plain view when they were walking up. He was behind another friend so that's probably why they didn't see it.
We meaning the cops and my cronies go back an forth for a while. They seem frustrated but don't have anything on us. They threaten to arrest us yada yadda yadda we still don't say anything. They let us go.
OK, hypothetically speaking, say myself and my friends follow the "I am going to remain silent. I want a lawyer" rule after being confronted by the officers. ALL OF US. What would happen next? I highly doubt they're going to call a lawyer out to the woods. Would they take us in? We got off in the first place by arguing with the officers and declaring we did nothing wrong. Cops are manipulative, I don't know what would happen next.
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dirtworshipper
Sitting in the heart cave



Registered: 05/12/07
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Loc: at The Guru's lotus feet
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Re: something I don't understand about "I am going to remain silent. I want to see a lawyer" [Re: despisedicon]
#7400411 - 09/12/07 11:35 AM (16 years, 4 months ago) |
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Cops are indeed very manipulative.
If you were on public property, there isn't really anything they could legally do, pending that you and your friends had nothing in plain sight or on you (or the scent of anything). You can be cooperative without answering any incriminating questions.
However, we all know that doesn't always matter...
Consider yourself and your friends very lucky
--------------------
“You've got as many lives as you like, and more, even ones you don't want.” - George Harrison
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johnm214



Registered: 05/31/07
Posts: 17,582
Loc: Americas
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Re: something I don't understand about "I am going to remain silent. I want to see a lawyer" [Re: dirtworshipper]
#7400579 - 09/12/07 12:39 PM (16 years, 4 months ago) |
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Well legally they couldn't continue the interogation after you demand a lawyer, but they might have anyways. To arrest they need probable cause, so if you smelled like weed, that might be enough coupled with the report they recieved.
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Seuss
Error: divide byzero



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Re: something I don't understand about "I am going to remain silent. I want to see a lawyer" [Re: despisedicon]
#7400595 - 09/12/07 12:44 PM (16 years, 4 months ago) |
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> What would happen next?
Hard to say. Once you ask to see a lawyer, by law (as I understand it), the cops are no longer allowed to question you. Without knowing the answer to your next question, which is "am I being detained, or am I free to go", it is hard to say what the cops would have done.
Basically, at this point, they have three options:
1) they can continue to detain you and investigate 2) they can release you 3) they can arrest you
Assuming that you weren't being an ass, and assuming they didn't have anything on you, theoretically, they would let you go on your way. However, it is pretty easy for them to make up something, even if it will get dropped later, to charge you with just so they can arrest you and give you a rough time (or call your parents, etc).
Usually, if you show that you know your rights, without making the cop look bad and without trying to prove that you know more about the law than the cop, they will back away. Your first question should always be "Am I being detained? If not, I would like to leave, please." If you are being detained, "I mean no disrespect, but since I am being detained, and because I am unsure if my answers to your questions would incriminate me, I humbly request to speak with legal council before answering any questions." Remember, swallow your pride and play the part of a lowly worm. Do what they ask. Be polite. Identify yourself if asked. Show ID if asked. For anything else, repeat the above about legal council and once again ask if you are being detained. Politely.
-------------------- Just another spore in the wind.
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allreadyused
The Liquor



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Re: something I don't understand about "I am going to remain silent. I want to see a lawyer" [Re: despisedicon]
#7400614 - 09/12/07 12:49 PM (16 years, 4 months ago) |
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Quote:
despisedicon said: OK, hypothetically speaking, say myself and my friends follow the "I am going to remain silent. I want a lawyer" rule after being confronted by the officers. ALL OF US. What would happen next? I highly doubt they're going to call a lawyer out to the woods. Would they take us in? We got off in the first place by arguing with the officers and declaring we did nothing wrong. Cops are manipulative, I don't know what would happen next.
It's generally a good rule of thumb not to argue or fight with the cops. That's what lawyers are for. But don't ever admit to any wrong doing. "We've had reports of people smoking pot in the woods." A proper response would be "I have no idea what you're talking about officer. We haven't seen anything like that." You did right by saying you did nothing wrong. If the cop is just questioning you and you haven't been arrested and you say "I am going to remain silent." That is more likely to raise the suspicion than just playing dumb and being polite. If you get arrested than it's time to be a prick and refuse to answer without a lawyer. Tell them your name and where you live and that's it; anything else refuse to answer without a lawyer present. Cops are trained to be manipulative fucks and catch people in lies. Just don't volunteer any information. The shorter your answers the better. "What are you boys doing in the woods?" "Just talking and hanging out sir."
-------------------- Everything I say is for entertainment. Fuck the ASPCA
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despisedicon
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Re: something I don't understand about "I am going to remain silent. I want to see a lawyer" [Re: Seuss]
#7400714 - 09/12/07 01:24 PM (16 years, 4 months ago) |
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Thanks, Suess for that reply. That last paragraph is pretty good advice. I rarely put myself in this position. The case of being confronted by law enforcement when all you are doing is smoking a plant, I think is a scenario that happens to a lot of people. Two of the most important things I've learned that come from confrontations with police is; never possess more than you can eat, be polite, know what to say before this scenario takes place.
alreadyused --
"What are you boys doing in the woods?" "Just talking and hanging out sir."
That's pretty much how it went down. I was just thinking about this today, and thought what would happen if we plead the fifth so to speak.
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