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Know Your Rights: Answering Police Questions

In any instance where you are stopped by law enforcement, you are most certainly going to be asked questions by police officers. They'll ask you to identify yourself[b]*[/b], what you're doing, where you live, where you're from, where you're going, etc. However, you are under no obligation to answer any of their questions. It doesn't matter if you're detained or under arrest, your right to silence prevents you from being required to answer any police questions or to even speak to police.

From many interactions I've seen of people refusing to answer questions from police, many officers interpret it as a form of aggression. They take refusal to answer questions personally or one being defensive. When refusing to answer questions, just politely explain you're simply invoking your right to remain silent. Do all you can reduce risk to yourself. Remain calm, do not give any false information and keep your hands where police can see them.

If you wish to end the interaction and leave, ask the officer(s) if you are free to do so. If you are being detained or under arrest, no matter what, keep invoking your right to silence. Don't say anything unless it's to ask for a lawyer.

[b][i]*Not being obligated to provide your identification is not universal. In many parts of the world and in some US states, there are stop and identify statutes where you are legally required to provide identification upon request by law enforcement. I'll go more into that on another post.[/i][/b]

[i]Disclaimer: I am not an attorney, this is just something I'm posting for informative purposes. Most of it is ripped from a segment of the same name on my sister's podcast, so credit to her for giving me something to post about here.[/i]
If you have nothing to hide why would you not just cooperate though?
@SweetNSassy a lot of times the police are looking for probable cause to investigate further or to arrest.

Not answering questions or limiting what you say prevents them from doing that. If you're innocent then it's over with quickly and you can be on your way. If you're innocent and start answering a bunch of questions it'll just waste everyone's time.
Coldplay · 56-60, M
@Callmewhatyouwill a lot of times? How do you know that
@Callmewhatyouwill No offense but answer Police officers and showing them some respect has done me wonders for me, like not getting a ticket or them letting me go vs jail. But to each their own
JesseInTX · 51-55, M
That’s a slippery slope you’re riding on. First of you are detained (not free to leave, not under arrest, officer has reasonable suspicion to believe a crime has or is about to be committed) you are required to identify yourself. If you don’t you are subject to arrest. Secondly if it is found after you’re identified by the police that you have an active warrant for your arrest the penalty is enhanced. Third you have no right to an attorney until you are placed in custody (arrested). Simply being detained does not afford a person the right to an attorney. Lastly a traffic stop for a violation is an arrest. You can be jailed for a traffic offense (in Texas the only 2 things you can’t go to jail for are speeding and open container). You receive a PR bond basically with you signature of a promise to appear. Be very careful with how you use this approach that you lined out above.
JesseInTX · 51-55, M
@Ducky I would caution anyone, yourself included, to follow what you have said here. We can agree to disagree but my points are made off decisions by the Supreme Court of the United States. You must understand that there is a difference between the 4th, 5th and 6th amendments. Case law has been established and has not changed. It may in the future but the cases I asked you to read are still, at this point, the law of the land. I’d also suggest you do a little more research before you give legal advice here because if someone takes it, you are wrong and they suffer consequences you could be held civilly liable. Same advice to your sister and her podcast. Disclaimers do not hold up in a civil court where only a simple majority is needed for a finding for the plaintiff.
Ducky · 31-35, F
@JesseInTX Duly noted. Thank you.
JesseInTX · 51-55, M
@Ducky I’m not trying to be an ass at all so hope you don’t think that. I’m versed in the law, criminal law especially, and have seen people’s opinions of the law and case law have adverse effects. Don’t want that to happen to anyone over misinterpretations. That’s all. Stay safe.
SW-User
The police are never looking to help you. There is no reason to ever speak to them personally.
@SW-User In a standard conversation I would repeat myself. But I’m sure you are quite capable of processing the text above.
SW-User
@BoredDarkLord What do you mean by "best [I] could come up with?" I don't understand the implications.
JesseInTX · 51-55, M
@SW-User yes I’m familiar with the term. Doesn’t mean it or you makes any sense.
MasterLee · 56-60, M
Just tell them your wife left you and you were not wanting her returned
The Netherlands is one of those countries where you are obliged to show ID when asked. (And when driving, your drivers license and vehicle registration.) But any other questions, no matter how trivial or harmless they seem, could incriminate you and you don't have to answer.
Budwick · 70-79, M
[quote]you are under no obligation to answer any of their questions[/quote]

Yeah, that can only work out well for you.
MasterLee · 56-60, M
Honestly I have no idea where hillary went with that sawed off shotgun at 2am.
GuiltyPleasures · 56-60, M
If you have done some illegal shit and have drugs and illegal weapons in the car, then i agree with you 100 percent. But if you havent done anything major and are just tryin to get out of a speeding ticket, i suggest cooperating. Signed, someone who knows the legal system very well. LOL
Ducky · 31-35, F
@GuiltyPleasures I disagree. I believe it’s important for people to know and practice their rights when they can.
GuiltyPleasures · 56-60, M
@Ducky the only bad thing about giving sound legal advice on here is..... the SWeeps on here who abuse their children and their spouses are gonna follow the good legal advice the same way that Honest Joe or Honest Nancy will.
Ducky · 31-35, F
@GuiltyPleasures I understand that, but I don’t believe it’s an inherently bad thing to know and practice your rights regardless of what kind of person one is.
hunkalove · 61-69, M
Around here they would just shoot you.
You are correct, but mileage may vary on the right to remain silent depending on what country you're in.
MasterLee · 56-60, M
One note...it is best that you inform them you are remaining silent and want a lawyer.

 
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