Hypothetically, do you have the right to remain silent BEFORE being detained?

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[ARCHIVED THREAD] - Hypothetically, do you have the right to remain silent BEFORE being detained?

Posted: 3/22/2006 9:58:59 AM EDT

Let's say someone was pulled over for speeding. They hand over their liscense, registration, and insurance, but do not open their mouth once, no matter what the LEO says. They cooperate physically but not verbally.

Is this an arrestable offense, or just a matter of angering the officer who pulls them over?

I'm not saying I would do this of course, because 100% of my LEO encounters thus far have been professional, but is it enough to get a person hauled to the station? I assume that taking this tactic by itself would probably warrant a search of the vehicle by the officer for the unusual behavior.

Posted: 3/22/2006 10:02:00 AM EDT

[#1]

You never have to say anything.

Posted: 3/22/2006 10:02:18 AM EDT

[#2]

In theory you don't have to talk to them, but in reality they kind of do what they want and you have to hope the courts will sort it out.

Posted: 3/22/2006 10:04:47 AM EDT

[#3]

"Don't you worry about a thing, Pork."

I know.

Posted: 3/22/2006 10:07:51 AM EDT

[#4]

Quoted:
"Don't you worry about a thing, Pork."

I know.

That's a reference to a Stephen Hunter novel.
It's the nickname the main character gives to his spotter.
Nothing to do with the cops.

Posted: 3/22/2006 10:08:49 AM EDT

[#5]

Quoted:
Quoted:
"Don't you worry about a thing, Pork."

I know.

That's a reference to a Stephen Hunter novel.
It's the nickname the main character gives to his spotter.
Nothing to do with the cops.

Like I said, I knew.

Posted: 3/22/2006 10:09:20 AM EDT

[#6]

I believe Chris Rock refers to "shut the fuck up" in his list of ways to avoid getting your ass kicked by the police.

Posted: 3/22/2006 10:10:05 AM EDT

[#7]

Quoted:
Quoted:
Quoted:
"Don't you worry about a thing, Pork."

I know.

That's a reference to a Stephen Hunter novel.
It's the nickname the main character gives to his spotter.
Nothing to do with the cops.

Like I said, I knew.

Ah.
Just making sure.
Miscommunication is the start of so much unpleasantness.

Posted: 3/22/2006 10:12:24 AM EDT

[#8]

Quoted:
Let's say someone was pulled over for speeding. They hand over their liscense, registration, and insurance, but do not open their mouth once, no matter what the LEO says. They cooperate physically but not verbally.

Is this an arrestable offense, or just a matter of angering the officer who pulls them over?

I'm not saying I would do this of course, because 100% of my LEO encounters thus far have been professional, but is it enough to get a person hauled to the station? I assume that taking this tactic by itself would probably warrant a search of the vehicle by the officer for the unusual behavior.

I just smile.

Posted: 3/22/2006 10:15:02 AM EDT

[#9]

Quoted:
Let's say someone was pulled over for speeding. They hand over their liscense, registration, and insurance, but do not open their mouth once, no matter what the LEO says. They cooperate physically but not verbally.

Is this an arrestable offense, or just a matter of angering the officer who pulls them over?

No, but if there is probable cause unrelated to your silence, you can be detained.
The Miranda rights is about law enforcement trying to avoid getting information that can't be entered in a trial. So, they don't want you blabbing away a confession before your rights are read.

http://usgovinfo.about.com/cs/mirandarights/a/miranda_2.htm

Posted: 3/22/2006 10:19:37 AM EDT

[#10]

Quoted:
Quoted:
Quoted:
Quoted:
"Don't you worry about a thing, Pork."

I know.

That's a reference to a Stephen Hunter novel.
It's the nickname the main character gives to his spotter.
Nothing to do with the cops.

Like I said, I knew.

Ah.
Just making sure.
Miscommunication is the start of so much unpleasantness.

O_P knows I am a big Stephen Hunter fan. Check my sigline and tagline. That's why he brought it up, I think.

Posted: 3/22/2006 10:23:10 AM EDT

[#11]

Not saying anything is better than one guy I stopped. Pulled him over speeding, was planning on giving a warning, as I stepped out of the car, he shouted "What in the hell do you want, goddamn it?"

I reached back in and grabbed my ticket book.

Posted: 3/22/2006 10:40:29 AM EDT

[#12]

Quoted:
Not saying anything is better than one guy I stopped. Pulled him over speeding, was planning on giving a warning, as I stepped out of the car, he shouted "What in the hell do you want, goddamn it?"

I reached back in and grabbed my ticket book.

I had a guy do just like that once. I let him rant a good while while he found his insurance, which he had. I then gave him a warning for speeding (13 or 14 over). The look on his face when I told him I was giving him a warning and hoped his day got better was priceless. He justed looked at me and said "aawwww, shit. I'm sorry. I'm such a fucking asshole." I sure wish I had that on video.

As far as the original question, you have the right to remain silent at any time. The police are required to inform you of your rights when you are in custody and before questioning. The right to remain silent, however doesn't apply to basic ID, like name, DOB, address, etc.

Posted: 3/22/2006 10:45:34 AM EDT

[#13]

Quoted:
Let's say someone was pulled over for speeding. They hand over their liscense, registration, and insurance, but do not open their mouth once, no matter what the LEO says. They cooperate physically but not verbally.

Is this an arrestable offense, or just a matter of angering the officer who pulls them over?

I'm not saying I would do this of course, because 100% of my LEO encounters thus far have been professional, but is it enough to get a person hauled to the station? I assume that taking this tactic by itself would probably warrant a search of the vehicle by the officer for the unusual behavior.

If you don't want to talk, mime! Be trapped in a box. Walk against the wind. Try to find a doorway in a wall. Everybody loves a mime, especially police when they pull you over for a traffic stop. Go on, you know you want to.

Posted: 3/22/2006 10:49:10 AM EDT

[#14]

Quoted:

As far as the original question, you have the right to remain silent at any time. The police are required to inform you of your rights when you are in custody and before questioning. The right to remain silent, however doesn't apply to basic ID, like name, DOB, address, etc.

I thought in most/all states that one was just required to ID themselves, not all the other things like address, etc.

Posted: 3/22/2006 10:52:44 AM EDT

[#15]

Quoted:
Quoted:
Let's say someone was pulled over for speeding. They hand over their liscense, registration, and insurance, but do not open their mouth once, no matter what the LEO says. They cooperate physically but not verbally.

Is this an arrestable offense, or just a matter of angering the officer who pulls them over?

I'm not saying I would do this of course, because 100% of my LEO encounters thus far have been professional, but is it enough to get a person hauled to the station? I assume that taking this tactic by itself would probably warrant a search of the vehicle by the officer for the unusual behavior.

If you don't want to talk, mime! Be trapped in a box. Walk against the wind. Try to find a doorway in a wall. Everybody loves a mime, especially police when they pull you over for a traffic stop. Go on, you know you want to.

Yeah, I would think the police would leave you alone if you did that, but a white van with lots of padding and large men wearing white might stop by and take you to the fun house.

Posted: 3/22/2006 10:58:16 AM EDT

[#16]

What I usually do is answer their questions by making piggy noises

Cop: Sir, do you know how fast your were going?

Me: <snort> <snort>

Cop: What did you say?

Me: <snort> <snort>

Cop: Sir, please step out of the car.

Me: <squeal><squeal><squeal><squeal>

Posted: 3/22/2006 10:58:52 AM EDT

[#17]

Severe laryngitis or just left the dentist.

or a mute. (get one of those little cards)

c'mon, if you're a true paranoid you'd have already thought of this stuff...

Posted: 3/22/2006 11:03:03 AM EDT

[#18]

Quoted:
Not saying anything is better than one guy I stopped. Pulled him over speeding, was planning on giving a warning, as I stepped out of the car, he shouted "What in the hell do you want, goddamn it?"

I reached back in and grabbed my ticket book.

Why would you pull him over if you had no intent on ticketing him?

Posted: 3/22/2006 11:27:05 AM EDT

[#19]

Quoted:
Quoted:
Not saying anything is better than one guy I stopped. Pulled him over speeding, was planning on giving a warning, as I stepped out of the car, he shouted "What in the hell do you want, goddamn it?"

I reached back in and grabbed my ticket book.

Why would you pull him over if you had no intent on ticketing him?

did you read what he wrote, he said to give him a warning....

ETA ive only ever been pulled over once in 4 years of driving, and I dont even know what it was for. Next Time I do though, Im going to Play POW and only tell them my Name, DOB, SS#

what a load of shit though that You use your SS# as a form of ID

Maybe I will just say I dont know it if they ask?

Posted: 3/22/2006 11:30:00 AM EDT

[#20]

Quoted:
Quoted:
Not saying anything is better than one guy I stopped. Pulled him over speeding, was planning on giving a warning, as I stepped out of the car, he shouted "What in the hell do you want, goddamn it?"

I reached back in and grabbed my ticket book.

Why would you pull him over if you had no intent on ticketing him?

pretext stop.

Seriously, I've done it many times. I don't care for writing tickets. However I LOVE to find drunks and drugs.

Posted: 3/22/2006 11:36:32 AM EDT

[#21]

Quoted:
What I usually do is answer their questions by making piggy noises

Cop: Sir, do you know how fast your were going?

Me: <snort> <snort>

Cop: What did you say?

Me: <snort> <snort>

Cop: Sir, please step out of the car.

Me: <squeal><squeal><squeal><squeal>

You sure you're not thinking of your last date?

CO

Posted: 3/22/2006 11:46:19 AM EDT

[#22]

interesting question. i don't know the law on that one, but i'd venture to guess that an arrest due to "verbal remission" or some shit like that would hold up even in the supreme court now-a-days. remember the guy that didn't want to give his driver's license to the cop a couple years back...?

Posted: 3/22/2006 1:56:10 PM EDT

[#23]

Quoted:
Quoted:
Quoted:
Not saying anything is better than one guy I stopped. Pulled him over speeding, was planning on giving a warning, as I stepped out of the car, he shouted "What in the hell do you want, goddamn it?"

I reached back in and grabbed my ticket book.

Why would you pull him over if you had no intent on ticketing him?

pretext stop.

Seriously, I've done it many times. I don't care for writing tickets. However I LOVE to find drunks and drugs.

Exactly.

Posted: 3/22/2006 2:16:58 PM EDT

[#24]

According to a defense attorney who represented my brother once, it is almost always best to just STFU. More people talk their way into legal trouble than anything else.

Of course there are exceptions, like traffic stops. He's gonna ticket you if you are an ass.

Posted: 3/22/2006 3:15:13 PM EDT

[#25]

Quoted:
Quoted:

As far as the original question, you have the right to remain silent at any time. The police are required to inform you of your rights when you are in custody and before questioning. The right to remain silent, however doesn't apply to basic ID, like name, DOB, address, etc.

I thought in most/all states that one was just required to ID themselves, not all the other things like address, etc.

Well they have the right to the info on your license/ registration. Which would include your name, DOB, address, sex, hair color, eye color, vehicle make/ model, and so on.. Plus your insurance info too.

Posted: 3/22/2006 3:17:50 PM EDT

[#26]

Quoted:
According to a defense attorney who represented my brother once, it is almost always best to just STFU. More people talk their way into legal trouble than anything else.

Of course there are exceptions, like traffic stops. He's gonna ticket you if you are an ass.

"Talking your way into trouble" is for when you are arrested for murder. Not traffic.

I can assure you that if a driver was polite, courteous, and friendly, he stood a much greater chance of getting a warning from me than a ticket.

But be abrupt, obnixous, and rude.....let me get my pen.

Posted: 3/22/2006 3:21:36 PM EDT

[#27]

Quoted:
Quoted:
According to a defense attorney who represented my brother once, it is almost always best to just STFU. More people talk their way into legal trouble than anything else.

Of course there are exceptions, like traffic stops. He's gonna ticket you if you are an ass.

"Talking your way into trouble" is for when you are arrested for murder. Not traffic.

I can assure you that if a driver was polite, courteous, and friendly, he stood a much greater chance of getting a warning from me than a ticket.

But be abrupt, obnixous, and rude.....let me get my pen.

And what about the mimes, you liked them didn't you?

Posted: 3/22/2006 4:09:50 PM EDT

[#28]

Quoted:
Quoted:
Quoted:
According to a defense attorney who represented my brother once, it is almost always best to just STFU. More people talk their way into legal trouble than anything else.

Of course there are exceptions, like traffic stops. He's gonna ticket you if you are an ass.

"Talking your way into trouble" is for when you are arrested for murder. Not traffic.

I can assure you that if a driver was polite, courteous, and friendly, he stood a much greater chance of getting a warning from me than a ticket.

But be abrupt, obnixous, and rude.....let me get my pen.

And what about the mimes, you liked them didn't you?

Everybody hates mimes!

Posted: 3/22/2006 4:19:47 PM EDT

[#29]

If most people actually exercised the right (and good sense) to be silent, most would never be detained. Geeshhh.....

[ARCHIVED THREAD] - Hypothetically, do you have the right to remain silent BEFORE being detained?

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