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I hear that I can remain silent when pulled over and questioned by police and it totally ok. Is this B.S or what. ? If it's true how and what is best way to till the police about wanting to remain silent. Thank.
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May I suggest that you contact a criminal law attorney and ask for their legal advice. It may save you some headaches in the future.
Never underestimate the power of stupid people in large groups -
oy....Urban legends are a poor basis for making public policy.Comment
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Yes/No Sir/Mam.Comment
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You may absolutely remain silent on traffic stops. You don't even have to say hello. Just hand over your driver license, registration, and proof of insurance when asked, obey the officer's instructions, and sign for your ticket. It's that easy!
Trust me, cops do this a lot more than you do and are just fine with a painless, argument-free traffic stop and cite.Comment
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^ What he said. The "why did you stop me, why aren't you arresting real criminals" lines get old quickly. Don't want to talk great, sign here press hard, your on your way.Comment
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LOL. but but but what is the point in exercising your rights if you can't be a total pain in the *** while doing it?Urban legends are a poor basis for making public policy.Comment
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And don't forget to refuse to answer if the officer ask you if this is your current address on your license. Just don't get mad when that courtesy reminder with court information doesn't get to you and you have lost or forget about that ticket. When that FTA and license suspension shows up on your next traffic stop, or causes a DROS denial, remember, you showed that cop by asserting your rights.
Never underestimate the power of stupid people in large groupsComment
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Contrary to what a whole lot of people think, and perpetuated by the text of the "Miranda Admonishment", there is no "Right to Remain Silent." I challenge you to find such a right enumerated anywhere in the Constitution, including its amendments. (This will be good for stirring some discussion).
What you will find in the Fifth Amendment is a right not to be "compelled in any criminal case to be a witness against himself." That's slightly different than having a right to remain silent. The differences were made pretty clear in California Appellate court case of People v Quiroga.
You have a right to remain silent on subjects that affect your criminal liability. For example, if the officer asks "How fast do you think you were driving?", you would have a clear right to remain silent. Any answer that you could give would have the effect of making you a witness against yourself.
On the other hand, if the officer asks for your name, or for you to confirm your current address, you have no right to silence. Look at it this way. When you are stopped for a moving violation, does it make you more, or less, guilty if your name ir Roger, or Sam? If it makes no difference, then the answer does not make you a witness against yourself and the officer can compel you to reply.
That was the issue in Quiroga. Quiroga was being booked for a criminal offense and he remained silent when asked the standard booking questions (that had no bearing on his criminal liability for the offenses he was charged with). The net effect of his refusal to answer is that his booking officer was delayed in the performance of his duties. Quiroga was additionally charged with resisting arrest for his refusal and the court found his conviction to be proper. His "silence" cost him 180 days in jail.
If you wish to assert your right not to be a witness against yourself, the best thing to do would simply be to say to the officer "I don't wish to discuss the events that caused you to stop me, please understand that I'm claiming my Fifth Amendment rights" and then factually respond to any non-testimonial questions the officer may have.
In other words, don't be another Quiroga.If you build a man a fire, you'll keep him warm for the evening. If you set a man on fire, you'll keep him warm for the rest of his life.Comment
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Why is everyone getting hurt over my question. Sorry I asked.Comment
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No one is hurt by this question. Don't be sorry you asked a question, be sorry you asked a badly framed question.
You got a bunch of somewhat sarcastic answers for several reasons:
1) The honest answer is, "it depends." It depends on what question is being asked of you, when the question is being asked, and who is asking it, amongst many other issues. It's not a simple yes or no, and a thorough examination of any legal requirement for you to answer police questions (or not) is well beyond the scope of this forum. As with many things, you get out what you put in. You asked a vague, simplistic question and got vague, simplistic answers in return.
2) The cops on this form deal with jailhouse lawyers, curbside lawyers, law students, criminal justice students, and amateur Constitutional scholars daily. We get tired of arguing the same old basic legal tenets day in and day out - particularly with people who have nothing new to add to our understanding of the law and/or just want to be confrontational. Yes, my job does involve such confrontations. Yes, I get paid, and yes, I signed up for it. Doesn't mean it doesn't get old.
In the future, more specific questions about specific scenarios may get you a better answer. For instance, "After being arrested for DUI, am I required to answer the officer when s/he asks what chemical test I want to take?" Or, "When I'm stopped for speeding and the officer asks if I know how fast I was driving - do I have to answer the question?"Comment
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Props to Ron Solo for posting the best 'know your rights' video ever made.-- 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0Comment
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