Quick questions about my rights

3811 Views 28 Replies 18 Participants Last post by Harmless Drudge, May 3, 2010

robawen

Discussion Starter · May 2, 2010

If a police officer wants to question me in a public area (school, my house, grocery store, etc.) and is not arresting me, can I still refuse to speak to him without an attoroney?

Am I ever required to answer a cops questions?

Do I have to give him my drivers license (or other ID) if I am not driving?

How long can I be held at a precinct before they have to charge me with a crime or let me go?

I would appreciate it if you cite your sources as well.
Thanks in advance!

1 - 20 of 29 Posts

ackbob

· #2 · May 2, 2010

post 9/11 you must provide identification if requested......... there was a law passed (not sure exactly what it is called) that allows the law to hold you until they can prove your identity if you refuse to provide a proper for of identification

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Doobadder

· #3 · May 2, 2010

watch this comprehensive video.

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mgk

· #4 · May 2, 2010

Every state is different. Do your self a favor and goggle it.

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BadgeBunny

· #5 · May 2, 2010

Standard hold time is 72 hours, I believe. Then the arresting agency must charge you or release you.

Don't know what you are trying to avoid, but if you are that worried you might just go ahead and retain an attorney now.

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robawen

Discussion Starter · #6 · May 2, 2010

BadgeBunny said:
Don't know what you are trying to avoid, but if you are that worried you might just go ahead and retain an attorney now.

nothing specific, I was just looking at the video "why you should STFU after self defense" and got curious

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rover

· #7 · May 2, 2010

you have to show ID. , they can look in your car thru the windows ect. there just sizing you up with questions. they cant search your car without consent, but they will try. There just doing their jobs, some are better at it than others.

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BadgeBunny

· #8 · May 2, 2010

robawen said:
nothing specific, I was just looking at the video "why you should STFU after self defense" and got curious

: You know, I got to thinking about my post and was coming back to change it because I thought it sounded kinda ****y. I worked for lawyers for more years than I care to admit. THEN I fooled around and married a JBT.

The better advice I could have given you is the following:

1. The police are not your friends (I am not bashing cops. Let me repeat ... I AM NOT BASHING COPS!!!!) but it is important for you to not make enemies of them either. Be cordially cooperative as much as possible but try not to make explanations. Tell them you understand their need to get to the bottom of whatever is going on but you are uncomfortable answering questions without representation. You might wind up at jail but it is important for the following reason.

2. Should you find yourself in a compromised situation and need an attorney at some point in your life it is much easier for your attorney to explain something you DIDN'T say that it is for him to take back something you said.

3. If you are involved in any incident that results in a fatality DO NOT MAKE A STATEMENT. Tell them you are ill and ask to be taken to the hospital. DO NOT MAKE A STATEMENT until you have been seen by a doctor and have spoken to an attorney. If you have any doubts about whether you should do this, see Rule No. 2.

I sincerely hope that anyone who reads this advice NEVER has to use it.

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WILL

· #9 · May 2, 2010

robawen said:
If a police officer wants to question me in a public area (school, my house, grocery store, etc.) and is not arresting me, can I still refuse to speak to him without an attoroney?

Am I ever required to answer a cops questions?

Do I have to give him my drivers license (or other ID) if I am not driving?

How long can I be held at a precinct before they have to charge me with a crime or let me go?

I would appreciate it if you cite your sources as well.
Thanks in advance!

My first questions to you are...

WHY WOULD THE POLICE BE WANTING TO QUESTION YOU?

WHY WOULD YOU WANT TO CONCEAL YOUR IDENTITY FROM THE POLICE?

WHY WOULD THEY HOLD YOU AT A PRECINCT?

In my experiences, people who ask those questions are the type of people who causes problems. Something’s not sitting right here.

My advice to you is...ask your parents or hire a lawyer. I won't be helping a stranger on the internet with information on how to get away with a crime. I hope no one else does too. Good luck.

Reactions: 3

robawen

Discussion Starter · #10 · May 2, 2010

Will, I am not someone who causes problems, I am not (nor have ever been in) legal trouble, and am just curious about my rights under the law. I resent your implications to the contrary.

I think its sad that I ask about my rights and you assume Im a gangbanger.

Edit: although, I do see how you could have misconstrued my questions. and i understand your reasons for not wanting to answer them.

WILL

· #11 · May 2, 2010

That's great stranger. I don't believe you. When I was in high school, my friends and I never had problems with the cops coming onto campus and questioning us about crimes, asking for our ID or hauling me into the station. Never. Thus your inquiry raises red flags. Ask your parents that same question, and see their reaction. I suspect that's why you're here instead of asking them. It's a fishy question.

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Indiana Camper

· #12 · May 2, 2010

rover said:
you have to show ID. , they can look in your car thru the windows ect. there just sizing you up with questions. they cant search your car without consent, but they will try. There just doing their jobs, some are better at it than others.

They most certainly can search your car if they have a reason to, like seeing something illegal. You should really ask a lawyer in Florida. Each state is different to an extent. Even within a state different prosecutor's will varry as to what they will file charges on.

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lorky

· #13 · May 2, 2010

i agree with Will, and these types of questions can not be fully answered on the internet.

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Harmless Drudge

· #14 · May 3, 2010

robawen said:
If a police officer wants to question me in a public area (school, my house, grocery store, etc.) and is not arresting me, can I still refuse to speak to him without an attoroney?

Am I ever required to answer a cops questions?

Do I have to give him my drivers license (or other ID) if I am not driving?

How long can I be held at a precinct before they have to charge me with a crime or let me go?

I would appreciate it if you cite your sources as well.
Thanks in advance!

1) NEVER answer questions by the police without an attorney present. NEVER means NEVER. Not RARELY or HARDLY EVER, but NEVER. Consider the Miranda warning: "You have the right to remain silent. Anything you say will be used against you in a court of law..."

Notice that it doesn't say, "Anything you say will be used to uncover the truth," or "Anything you say will be used to find the person guilty." They have no responsibility to find the guilty party, only to make a case against the easiest person. Luckily, the easiest person is usually the easiest person because he is guilty as sin, but not always.

They will use EVERYTHING you say against you, but it can not be used to exonerate you. Get a lawyer, and whisper the answers to your lawyer. Let him answer the questions.

Even innocuous questions may be damning. You never know what angle they're looking at.

2) Yes, you do have to provide ID, or they will hold you until they confirm your identity.

3) Don't worry about habeas corpus. The lawyer you got (because you were smart enough not to answer questions) will take care of that.

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Harmless Drudge

· #15 · May 3, 2010

Indiana Camper said:
They most certainly can search your car if they have a reason to, like seeing something illegal. You should really ask a lawyer in Florida. Each state is different to an extent. Even within a state different prosecutor's will varry as to what they will file charges on.

Yup, anything in plain view affords no reasonable expectation of privacy.

Indiana Camper

· #16 · May 3, 2010

Harmless, good advice....mostly. Sorry if you've had a bad experience with police in the past but I am slightly offended by the "case against the easiest person" comment. Come on, that's just simply not true.

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punkwaffen

· #17 · May 3, 2010

It all varies state to state. However, I prefer to not speak at all until I have legal representation present. Even for something as simple as them asking for my ID. While it may be a hassle, I prefer to have rights. You will never keep or gain rights unless you put up a fight. I shouldnt need to be stopped and hassled unless there is a clear reason to stop and hassle me. However, since I do not cause trouble they have no reason to stop me. If I happen to look like someone they are looking for, I would much rather have a lawyer from the start than myself running my mouth while they nit pick every word.

Raven

· #18 · May 3, 2010

Laws vary from state to state, but in most jurisdictions, the Police have the right to stop you at any time and ask your name, have you show proof of I.D., and can detain you legally for up to four (4) hours without having to place you under arrest.

Other than your true name (and possibly living address), I don't believe you have to answer any other questioning with out having legal representation.

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Herd Sniper

· #19 · May 3, 2010

Now think this through for a minute... Cops don't just stop people to question them or ask them for identification. SOMEBODY must have planted a bug in the cop's ear about you. So while you're being talked to by the cop, somebody else is pulling off a crime, probably a serious crime, and you're getting all legal about talking to a cop. Good move!! I tell you a lack of common sense goes a long way around here.

So what do you think when the cop has to take time to figure out how you do or don't fit into the crime going on near him? Let's see, you delay the cop with all your demands for an attorney, can't talk to him and a crime happens in the area where the cop found you? Hmmm. I'd say that was probable cause to detain and later arrest you for whatever crime goes down.

Yeah. You just go ahead and not use your common sense. Hope that you learn a good trade in prison...

Reactions: 1

composter

· #20 · May 3, 2010

robawen said:
I think its sad that I ask about my rights and you assume Im a gangbanger.

Welcome to the Gulag, son. You just got your first whiff of a soviet-era interrogation style. If you don't believe me, read the Gulag Archipelago.

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