questioning by police

[bigkarch]

here is some good tips..


If you haven't been arrested, but a police officer wants to question you about a crime, what should you do? Here are some tips.

Refusing to answer a police officer's questions is not a crime. Of course, people often voluntarily assist the police by supplying information that might help the police make an arrest. But the Fifth Amendment to the U.S. Constitution guarantees the "right of silence." A police officer generally cannot arrest a person simply for failure to respond to questions. This means that unless a police officer has "probable cause" to make an arrest or a "reasonable suspicion" to conduct a "stop and frisk," a person approached by the police officer has the legal right to walk away. But the fact that there may be a legal right to walk away doesn't mean this is a wise move. This is because there is no real way to tell what information the officer is using as a basis for his or her actions. In fact, the officer may have information that gives him or her a valid legal basis to make an arrest or to conduct a "stop and frisk," even if the individual is, in truth, innocent of any wrongdoing. If that is the case, an officer may forcibly detain an innocent individual who starts to leave the scene of an interview.

Common sense and self-protection suggest that people who intend to walk away from a police officer make sure that the officer does not intend to arrest or detain them. A good question might be, "Officer, I'm in a hurry, and I'd prefer not to talk to you right now. You won't try to stop me from leaving, right?" If the officer replies that the person is not free to leave, the person should remain at the scene and leave the question of whether the detention is correct to the courts at a later time.

Even though, as a general rule, a person doesn't have to respond to a police officer's questions, this may not hold true if the officer suspects the person of loitering. Laws in effect in many states generally define loitering as "wandering about from place to place without apparent business, such that the person poses a threat to public safety." Under these laws, if a police officer sees a person loitering, the officer can demand identification and an explanation of the person's activities. If the person fails to comply, the officer can arrest the person for loitering. Therefore, the refusal to answer questions is a problem only if the officer has also observed the person loitering.

Another situation where answers to police questions are usually required is when drivers are stopped for suspected traffic violations. Traffic offenses such as speeding and unsafe lane changes are generally classified as "infractions," for which drivers are given citations in lieu of arrest. However, an officer has the right to demand personal identification -- usually a driver's license and the vehicle registration. A driver's refusal to supply the information elevates the situation to a more serious offense, for which the driver usually can be arrested. The simple refusal to answer questions is not a crime, but the refusal to supply identification, combined with the suspected commission of a traffic offense, is.

Miranda Warnings and Pre-Arrest Questioning

People are often surprised to learn that if a person hasn't yet been arrested, the police may question the person and use the answers in court without first providing the familiar "Miranda warning" that advises people of their constitutional right to not answer questions and to have an attorney present if they do decide to talk to police officers. In fact, the Miranda warning is required only if the person being questioned is in custody.

Deciding Whether to Answer Pre-Arrest Questions Whether or not to respond to police questioning generally depends on the person's possible relationship to criminal activity, the person's views of his or her civic responsibilities, and the person's past experiences with the police. If, however, the questioning involves events that may result in criminal charges against the person being questioned, the almost universal advice of defense attorneys is to keep the old mouth tightly shut. Suspects all too frequently unwittingly reveal information that can later be used as evidence of their guilt. The right to not incriminate oneself guaranteed by the Fifth Amendment to the U.S. Constitution is especially powerful in this situation. A person who has reason to believe that he or she is a potential suspect should politely decline to answer questions, at least until after consulting an attorney.
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[Growinboy]

Excellent point on Miranda rights. You could be questioned, charged and arrested without ever hearing those familiar words... The rights are read only AFTER you have been charged and IF the police want more information from you.

[jerry0331]

unless a police officer has "probable cause" to make an arrest or a "reasonable suspicion" to conduct a "stop and frisk," a person approached by the police officer has the legal right to walk away...
this depends on what city, time of day and what part of the city you are in, period. they can and will frisk you without "probable cause".
they also have the patriot act due to 911 which pretty much throws your supposed rights out of the window, again if you are or live in a drug infested area. they don't need probable cause to search you, your occupants or your car. if they find something then they can search your house.....

[Growinboy]

Good points as well...
You still a machine gunner jerry?

[hulk_hogan]

all things we must know

[Forkin Luzr]

I have a colleague who is a criminal defense attorney. He has one golden rule. SAY NOTHING! He says he spends more time trying to dig people out of the hole they dug trying to explain their innocence than anything else. The police are not your friends come questioning and arrest time. He says there is only one question you should ask. Am I under arrest? And if the answer is no, then say, I'm sorry, but I have an engagement and need to be going, they know where to reach you. If the answer is yes, shut up and wait until you have an attorney by your side. If you are being "detained" while they decide whether you are going to be arrested or not, assume you're going to be arrested and shut up until you have an attorney by your side. Just 2cents from someone who does this for a living.

[bigkarch]

I do this for a living too forkin....thats why I try to help our fellow people on the boards...usually you wont have an attorney by your side except in court...

[mojojoe]

Cool post. I appreciate the info.

[l4t13]

helpful info.

[carolinasown]

excellent info here

[debo0187]

bump

[samax64]

bump for Alpineslide

[TheChosen1]

Great post, BK.
Used to do it for a living as well.
Great 411!!

[medic427]

Absolutly great post. So many people dont know that you don't have to talk or explain yourselve to anyone without representation. Thanks for the great info.

[carolinasown]

You can't read this post enough! My attorney told me, he spends more time trying to un-do what his clients have said...sometime's silence is golden.