The change could lead to fewer stops, purportedly for minor traffic violations, with the actual intent of searching the driver’s car for contraband such as drugs or guns.
There really is no right answer, and although I have told cops they were wrong when pulled over before that is because I am a white middle class guy in the midwest who they don’t tend to target with abuse of power. Wish everyone else was able to contradict cops freely too.
And that’s how they can put you in the back of their car and take you to jail while your legal council arrives. Leaving you with wasted time, a car bill for having to impound it because of no driver, and hopefully you weren’t on your way to work or something.
Declining to answer questions alone doesn’t legally allow you to be arrested. If you end up in the back of a squad car “because” of that, you would have ended up in the back of a squad car anyway, in which case you extra shouldn’t waive your right to counsel.
Good to know, out of curiosity. How would that proceed? Would they ask you to call your legal council? Would they have to come in person? Would the cop just give you an appointment time and place to talk to you with your legal council? I don’t think ignoring any questions they may have is gonna end well in any way. Even if you’re extremely polite and respectful in your declining.
If you don’t have any open warrants, officer stops asking you questions, cites you for whatever violation they pulled you over for, and you go on your way, dealing with that citation in the normal way.
Officer stops asking you questions, finds cause to arrest you, and you take a ride. You get to consult with an attorney from jail.
If there was cause to arrest you, you were going to take that ride anyway. Waiving your right to remain silent only firms up the officer’s grounds for arresting you and makes it more likely that you will be convicted.
Declining to answer questions without legan counsel and “ignoring any questions they may have” are two very different things. The former is an active assertion of your rights; the latter is not.
Also of note, police are not required to read you the Miranda warning immediately after arresting you. Often they do, to cover their ass, but they only need to read that warning before asking you questions related to the cause of the arrest. They can not read you the Miranda warning, and ask about what you had for lunch yesterday, get you talking about other things, in the hopes that you’ll get comfortable and spill some information related to the reason for your arrest.
Exactly where officer? I am certain I never exceeded the speed limit, but I have time/date stamped recorded gps tracking with dash and rear camera footage correlated on this vehicle, saved local and cloud backed up so I can pull it up for you.
Also the, “do you know how fast you were going?”. So curious and child-like about the world.
“Do you know how fast you were going.”
“Yes”
“…”
“So you were willfully speeding then!”
I ran that on a cop when he pulled me over for driving in the left lane.
“Why didn’t you pull over?”
“Right lane is marked for slower traffic only, I was speeding.”
“. . . OK, you can go.”
“Are you sure your radar was for my speed and not the BMW that was passing me when you turned your lights on?”
“Yes.” or “You can argue that in court.”
“Ok”
There really is no right answer, and although I have told cops they were wrong when pulled over before that is because I am a white middle class guy in the midwest who they don’t tend to target with abuse of power. Wish everyone else was able to contradict cops freely too.
And that’s how they can put you in the back of their car and take you to jail while your legal council arrives. Leaving you with wasted time, a car bill for having to impound it because of no driver, and hopefully you weren’t on your way to work or something.
Declining to answer questions alone doesn’t legally allow you to be arrested. If you end up in the back of a squad car “because” of that, you would have ended up in the back of a squad car anyway, in which case you extra shouldn’t waive your right to counsel.
Good to know, out of curiosity. How would that proceed? Would they ask you to call your legal council? Would they have to come in person? Would the cop just give you an appointment time and place to talk to you with your legal council? I don’t think ignoring any questions they may have is gonna end well in any way. Even if you’re extremely polite and respectful in your declining.
It would proceed one of two ways:
If there was cause to arrest you, you were going to take that ride anyway. Waiving your right to remain silent only firms up the officer’s grounds for arresting you and makes it more likely that you will be convicted.
Declining to answer questions without legan counsel and “ignoring any questions they may have” are two very different things. The former is an active assertion of your rights; the latter is not.
Also of note, police are not required to read you the Miranda warning immediately after arresting you. Often they do, to cover their ass, but they only need to read that warning before asking you questions related to the cause of the arrest. They can not read you the Miranda warning, and ask about what you had for lunch yesterday, get you talking about other things, in the hopes that you’ll get comfortable and spill some information related to the reason for your arrest.
tl;dr: Shut the fuck up.
Exactly where officer? I am certain I never exceeded the speed limit, but I have time/date stamped recorded gps tracking with dash and rear camera footage correlated on this vehicle, saved local and cloud backed up so I can pull it up for you.
Umm, you are offering information. It’s a slippery slope. And cops will use that.