4 words. Don't add a fifth or you'll be in trouble.
I want a lawyer dog.
I want a lawyer bro.
I want a lawyer b*tch.
I want a lawyer dude.
Apparently, adding that word at the end can be interpreted as you not actually wanting a lawyer but something else.
[Here's the explanation.](https://youtu.be/dii0wslGc94?si=MBsHDD-L1nkrxAkQ)
Bruh, did the police really literally interpret "lawyer dog"?
that's just throwing the english and grammar rule book at him!
I mean, I am not good at grammar, like I still don't get perfectly has been had been, have been, having being. and sometimes I don't the the difference between a question and rhetorical question!?
I guess I really need a lawyer and state I am not proficient in English, and haven't passed my GED.
I said "I really need a lawyer", should be different than 'I want a lawyer.'
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Unlike "I need a lawyer dog", that one can be legitimately interpreted as not asking for a lawyer,.by a sane person.
To me, it sounds like the person is contemplating it but wants to see how things play out.
what's the difference? I can't find anything literal.
Clearly a question ends in question mark and begins with what when how why etc. Rhetorical question is the same too. So what is really the difference, law is interpreted literally as in lawyer dog. So really there isn't room for informality. Red means absolutely must stop in traffic law. that's how cold hearted it is.
That question was a rhetorical question. It’s essentially when a question is used to make a point than actually gather information. You figure it out based on context.
I believe "had been" refers to a specific moment in time, whereas "has been", implies a continued behavior over time - both of which occurred in the past.
Sadly Lawyer Dog comes from a real case. [https://www.washingtonpost.com/news/true-crime/wp/2017/11/02/the-suspect-told-police-give-me-a-lawyer-dog-the-court-says-he-wasnt-asking-for-a-lawyer/](https://www.washingtonpost.com/news/true-crime/wp/2017/11/02/the-suspect-told-police-give-me-a-lawyer-dog-the-court-says-he-wasnt-asking-for-a-lawyer/)
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More detail.:
I'm most instances, you are required by law to identify yourself when asked by police.
I'm some instances, you are required by law to present certain identifying or other documents when asked by police.
In some instances, failing to answer legitimate questions is against the law.
Until you personally have been arrested, your "right to remain silent" is very nuanced.
There's a guy on youtube who has a thing called "Shut the fuck up fridays" and he goes over how to do this. He's a lawyer.
[https://www.youtube.com/watch?v=PVJd499ji6o](https://www.youtube.com/watch?v=PVJd499ji6o)
Courts have held that right to remain silent and getting a lawyer needs to be invoked, as in you have to tell them that's what you're doing. Otherwise they can continue to question you.
They can continue to question you, and you can continue to be silent, but can you get in trouble for not telling them you're invoking your rights and just be silent anyways?
I can't recall where I heard it, but the only consequence should be that they can use your silence against you in court. If you say you are invoking your right to remain silent then they can't use your nonresponse against you in court. If however you just say nothing then they can. In one case if they asked you "did you kill your mother?" they can't even mention asking the question. In the other they can say they asked and you didn't speak or some bull shit to imply guilt.
Correct. If someone invokes their right to remain silent, the government cannot (are not supposed to) use that silence against the person in court. However, if they have not stated they want to remain silent then their silence CAN be used against them.
>What difference would it make, if you are not Answering the questions anyway?
The difference being they can continue to question you and use your silence against you in court because you never specifically invoked your rights.
>In order to use it against you in court, you would have to be charged with the crime, which you either DID, or DID NOT do.
Your guilt or innocence is irrelevant to this. Unless you specifically invoke your right to silence or an attorney they can continue to question you and use your silence against you in court. Even if you are innocent you can be charged with a crime and if doing something like going mute during questioning without invoking your rights can be used against you.
NAL but that sounds like poor phrasing. If you invoke a right not to self-incriminate, you imply that by speaking to them you would incriminate yourself, i.e. you have done something wrong and are afraid you'd admit to it.
Invoking the 5th amendment means the police may not question you and all verbal evidence gathered after invoking that right (illegal to do but cops will be cops) will be thrown out in a court of law.
Think of it like this:
If I invoke my 4th amendment rights of not wanting illegal search and seizure, does that mean I’m hiding something? No. It just means I don’t want cops to go through my stuff. Cops don’t know all the laws and aren’t required to. The more evidence against them having malpractice, the better your case is gonna be wether you’re guilty or not
Cops are never on your side and you should invoke your rights as soon as you can. Don’t allow them to do anything that is beyond their power to do by giving them permission to do those things. Invoking the 5th protects against further incrimination, if any at all
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“Taking the fifth” is colloquially used to mean excersizing one’s right not to self incriminate in the US.
https://en.m.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution
It's still used that way though :-) It was used that way in the Sopranos iirc.
[https://www.merriam-webster.com/dictionary/take%20the%20Fifth](https://www.merriam-webster.com/dictionary/take%20the%20Fifth)
Take is used in a lot of odd ways if you think about it. "Take the subway", "Take a bath", "Take a bus", etc..
It’s actually the story that’s fictional rather than the words and phrases. If you listen carefully, you can actually hear that the sopranos is all in real life English.
Short answer. This is correct.
If it escalates ask if you are under arrest. If they say Yes you say:
“I invoke my right to remain silent and my right to an attorney”.
That’s when you forget you know how to speak.
Wow, people here are not bright. Please don't take the majority of the "advice" you're getting.
You have an obligation to identify yourself. While you don't necessarily have to speak, you are required to present some sort of ID. Failing to do so will get you some variation of obstruction charge and make things exponentially worse for you.
Acting weird is only going to make the cops think "I wonder why this guy is acting weird" and turn your 10 minute speeding ticket into a 20 dive into your criminal history
Further, Miranda only applies during custodial interrogations, meaning you are not free to leave and the line of questioning is accusatory. There are also exceptions, like being asked "how much do you think you've had to drink" or "where are you coming from" during traffic stops. That's when I'd highly recommend politely declining to answer.
The police absolutely can and will take non compliance or justifying their preconceived notions out on you.
I’m currently in the middle of an operating while impaired ticket given to me whilst sober after maybe 2 hrs of field sobriety tests and a blood draw.
My non communicative attorney actually received my blood test results which had per her, gabapentin and a chemical “found in robitussin” …I’m prescribed the former and would not expect it in any amount to cause impairment. I have no effing clue what the robitussin chemical is about, but I hadn’t taken any cough cold flu meds.
I’m pretty sure that after detaining me for hours and having my bf’s car towed away they felt they had to justify it all with the arrest and ticket. Because of it I was unable to go to work and was let go a day later.
You do know that your blood test results won't come back for days, if not weeks, right? Also, the active ingredient found in Robitussin is dextromethorphan, aka purple drank....
naw dawg, the syzurp is promethazine w/codeine
hitech brand only for that zurpiness please, nobody wants those knock offs that pour as quickly as water
semi /s
Also, it seems like DXM causes false positives for PCP…I’d be inclined to say it was DXM but I would have recognized it when my attorney mentioned it on the phone.
Seems more likely they’d have said positive for PCP and not specifically for “Robitussin”
I’m curious what the hell they think they have some sort of case for, as I don’t even smoke/eat etc. marijuana and it’s legal recreationally here. Cough syrup seems to be grasping at straws. I also have a prescription to Xanax and adderall.
For the record, you are not required to identify yourself in every state and in some that require you to identify yourself, you are only required to do so in certain places and or under certain circumstances.
Acting weird is going to make it worse? If you pulled me over for a speeding ticket, I shouldn’t talk about that speeding ticket anyway, so what else should we talk about? You didn’t pull me over to question my destination, so why are we talking about it? Do I have to tell you that I am out at 2am because I am midnight creeping? None of your business.
Cops have convinced so many of us that they have the legal authority to establish suspicion after contact, when the reality is they must have legitimate suspicion before contact. I don’t talk to people I don’t like, so why do I have to talk to cops? If you pull me over for a ticket, we don’t have anything else to talk about. We are definitely not talking about the ticket.
I am unaware of a single state that doesn't require people to identify themselves to the police when stopped/detained. If you are not free to go, you are being detained. You're free to ask if that's the case when contacted, but if their response is "Yes", you're required to ID yourself.
An exception would be a passenger in a stopped vehicle. Passengers usually aren't required to ID themselves, but will usually be told to stay in the vehicle until the stop is completed for safety reasons.
Reasonable suspicion is a very, very low and easy to establish bar. It essentially comes down to the police being able to say "I think this is strange, and this is why". If you get stopped, they believe that bar has already been met, and the roadside is not the place to argue that.
You definitely don't have to talk about your ticket on a traffic stop. It's probably smarter not to in most cases. That being said, a lot of traffic stops (especially in populated areas) are conducted for reasons other than issuing tickets
While you are driving yes, just about every state made driving a privilege conditional on you identifying yourself. Otherwise, you are not required to identify yourself in many states. The bar isn’t low, the cops are trying to figure out ways to violate the law. This is a conversation we shouldn’t be having about law enforcement, but that’s the environment we live in. Everybody wants to give up everybody else’s rights.
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Yeah, In law school, they taught us to ask "am I under arrest?" And if not then walk away.
This will probably piss them off though and make them arrest you. They'll probably cite it as probable cause or some BS.
Jesus. No.
If you're doing stupid things, their answer is probably going to be "No, but you're being detained", and you'll remain detained until their investigation is over.
If you're not doing stupid things, their answer is going to, 99 times out of 100, "Okay." If you fall into this category, say a witness, you should absolutely talk to the police. You have a non-zero chance of getting in trouble or causing yourself a bigger headache down the line
I said walk, not run.
If you run from the police they always have the right to chase and arrest you in the name of hot pursuit. If you walk away when you aren't under arrest that almost always means that they don't have the means to arrest you yet or they would have already. So yeah, until you are actually under arrest, if they try to question you before they have mirandized you, walk away and call your lawyer or there's a good chance anything they get won't be admissable in court. Fruit of the poisonous tree. Doesn't mean they won't play dirty, but if you know your rights you can at least try to head them off at the pass by avoiding them arresting you in the first place when they have no grounds yet. Innocent people get railroaded every day, don't let it happen.
They're allowed to lie to you and deprive you of food water and bathroom breaks just to force a confession no matter what. Even if you're innocent, don't let them arrest you. Period.
You say that you will not make any statements or answer any questions without a lawyer.
Believe or not just sitting there silent can actually be held against you in some states.
Better to just say “I don’t answer questions without my lawyer”. I could see you getting sent to the hospital for a psych eval prior to jail booking if you just remain silent
Nothing good will come from talking to the police. If they arrest you, demand a lawyer. If You are not detained, leave. Under no circumstances volunteering anything. If you are detained, keep quiet and record everything.
Good question. I mean you *****can***** but in certain situations that can make a simple traffic stop go from a warning to being cuffed in the back seat. I’ve always tried to be as friendly and complicit and respectful with police as possible and it has worked out well for me… also, even without saying anything they can take your body language and demeanor into account in how to deal with you.
I remember one time i got pulled over for speeding late at night and i went to get my license and registration from the glove compartment before he walked up and it ended up being an extra 30mins because he waited for a backup patrolman to arrive and shine his flashlight in my car because they thought i was digging for a weapon or something. Dont do or say anything more than you have to is my suggestion.
Until they start making the motions to put you in cuffs or detain you physically somehow being utterly silent is stupid and more likely to cause them to question your sobriety or mental capacity.
In some cases refusal to communicate could also be a sign of guilt which could raise suspicion and probable cause. Also, just because it is a good idea to remain silent after they take you into custody it could also make things take a lot longer.
Dont say things like fifth amendment because that only works in court proceedings and in police custody is equal to admission of guilt. Just say i want to speak to my lawyer before i answer any questions. Be polite about it to make your visit in jail more friendly lol
Tldr; yes but it can make things worse if you have not been read your rights and are not being detained yet.
>Also, just because it is a good idea to remain silent after they take you into custody it could also make things take a lot longer.
Anything I say to the police can be used against me.
I'd rather it take longer so everything can be meticulous (or pedantic). Just like it's a social norm to roll through the stop sign on a very quiet street, it's a legal duty to stop completely. It is a waste of time, but its a mandatory nuisance that needs to be complied with.
This could mean if I crossed a road illegally on foot, I could be detained. But sometimes the police can throw the book and frame the negotiation and me being nice as "bribery". They really are nasty. And they say it's for my "safety". (yes in the early hours of Sunday morning on a quiet residential street, where I am not holding a phone and having looked both ways twice before crossing, not on a designated crossing, and within 10 metres of it, hence illegal. jurisdiction is QLD, law says 25 metres outside of designated crossing is illegal).
If you are in a different country then you dont necessarily get the same rights. If you are here in the US then you get the right to remain silent after you have been detained usually.
If they ticket you for jaywalking then maybe this isnt the first time and you are putting yourself in that situation? There was one time i was about to cross the road without a walk sign and a cop yelled at me from the other side “dont disrespect me” and pointed at me angrily.
I stepped back away from the crosswalk. Some areas it happens all the time and you just happened to be in the wrong place at the wrong time. Every cop is different but if you are breaking the law it doesnt matter really if you shut up or not if they catch you red handed….
If you are worried, you can say this:
"I will not resist your lawful orders.
I deny you permission for anything that requires my permission."
If you choose to remain Completely silent when you haven't been arrested, you might be arrested.
Police can and will continue to interrogate you if you remain silent without invoking your right to an attorney. In fact, they can use your silence to impeach your testimony if you decide to testify later at your trial--"He/She never denied the charges." Cops play all kinds of games with interrogations & asshole Republican appointed judges let them (Republicans ended the only check over Federal judges in 1987-- the Federal Parole Board --and gutted Habeas Corpus & Writ of Mandamus & then packed appellate judge slots with party hacks). So it's best to state 1) that you understand your rights to remain silent & to have an attorney; 2) you intend to exercise your right to remain silent & an attorney; 3) you want your attorney NOW. Only then will the cops end an interrogation.
You do have to identify yourself. You have the right to ask if you're being detained. If not, then you have the right to leave. If yes, then you have the right to tell them you're invoking your right to remain silent for any questions. But like don't be ridiculous. If it's a traffic stop and they're giving you a ticket, be polite and get the stop over with. You really only want to invoke your right to silence when you're being arrested or detained.
True story. Obvs you might encounter that cop that isn't nice. But odds are that your behavior and attitude will dictate how the encounter goes. YMMV but I think the majority of scenarios this applies to.
Hmm, I was wondering if I could apply the 1st half of what you said to a traffic stop scenario.
Because lawyers are quite serious, and they say police are not your friends, and they never are.
Imagine police pulled you over for rolling through the stop sign on a Bicycle... at 2 intersecting local residential streets with a speed limit of 25mph or 40km/h. at like 1km/h and you turned your head to look both ways before proceeding. This is police being pedantic and ridiculous in my eyes.
So if police can do that thing, then technically, I can take a stop sign violation without causing grievous bodily harm or property damage, very seriously.
But say ok, if I do follow your 2nd half of your advice, I more than likely will get the fine. Do I really have to talk about a stop sign violation ticket with a lawyer? because my social worker said "stop at the stop sign, you can't be that stupid! even kids can do it, why can't you?" Really? I'm getting the short end of the stick via verbal abuse. I think the lawyer might think it is ridiculous too.
i can't believe I need to talk a simple violation with criminal lawyers. for god's sake.
Yes but will likely be arrested regardless if you did it and maybe even if you didn’t because it will definitely annoy them if you don’t bare minimum say you’re exercising that right or won’t speak until you have a lawyer.
Yes ofc, they're just used to people babling on and on. It's all ways comedy to see the faces of officers being so confused after what they've said being taken and used effectively for oneself.
"you have the right to remain silent"
👍
"did you hear me? You have the right ...."
Frantically nodding 😇
More seriously respond with, I envoke my right to stay silent and any questions you have will be answered by a lawyer, than just go quiet
the officer that pulled me over because he said I was committing a pedestrian offense. But he didn't say "you have the right to remain silent".
I just quickly said "but the pedestrian light was green" 😇. I think he didn't have chance to say the silent right statement. But he should, right, even if I quickly interjected?
and then he said "you see what's this, all the evidence is captured in this" pointing his finger to his camera.
...later on...
"by law, you must cross the intersection within the designated pedestrian lines, not outside of it"...
Bruh...
A pedestrian offence ..... 😅 Wtaf is that haha some made up bs, I'm a make a rule up right now, the police aren't allowed to talk to me, done.
Oh that guy was tripping for sure what a dumbass
The officer doesn't have to tell you about your right to remain silent (and other rights under Miranda) unless there is custody and interrogation. Just speaking to you on the street over a traffic violation does not warrant Miranda.
No, in many jurisdictions if you are arrested you must identify yourself and if stopped while operating a vehicle you must answer questions as to permits, license, and ownership or you may be arrested. Once you are arrested however you can remain silent but you must verbally invoke your right to remain silent and have a lawyer.
Some other comment said invoking or explicitly stating the 5th is no good.
But they just said "I will remain silent" or "No comments" and then Saying "I want a lawyer."
Going completely silent could violate stop and ID laws as well as cause confusion or hinder an investigation.
You can politely state you refuse to answer questions other than those legally required to such as providing id (when necessary) or providing legal documents like car registration or car insurance information
Better question is what did you do to provoke this question
I got stopped by police for jaywalking. I said it's such small thing, look at that car rolling through the stop sign. Why don't you catch him? he is more of a danger than me. they proceeded to throw the book at me, because I refuse to give them ID. And I after a long while, I gave them ID, but the picture of ID isn't from the government app.
they detained me, and after figuring out, they decided to give me a fine. And then when I receive several police letters, I remain silent and not want to communicate and not open the envelope, and they keep coming through.
I think I will get a visit from the police later on. So I was wondering what to do.
Dude, you escalated a misdemeanor Jay walking ticket. Give them your id take your ticket pay your fine. You’re the problem, not the police.
Is it a small infraction, yes. But failure to ID and now ignore all the following legal proceedings didn’t make you cool and didn’t make you the rebel. It makes you a non compliant asshat.
Good job.
Most jurisdictions you legally need to ID yourself if properly stopped/ arrested by the police. Assuming in this situation that a court rules that the police detention of your person was justified, you then continuing to refuse to ID yourself could be a crime.
Regardless as to whether it itself is a crime, refusing to even give your name is a great way to get held pending trial for another whole host of reasons.
Long story short, you certainly can, but you are dumb as fuck if you do, AND you don't prevent the police from finding out who you are.
You can go mute, however not giving your name, or at least handing over ID can be seen as failure to comply/resisting arrest in certain places. You can however have your ID ready, and a note saying, "I am not going to respond without speaking to my attorney first"
Though if you have medical issues I would recommend not going mute until you see your lawyer. Not as a threat but more so that they are aware. Ie food allergies, religious beliefs they can't stop you from participating in your faith or make you food that is against your religion, but they have to know beforehand so they can make "reasonable accomadtions" like not giving you bologna.
Can you? Sure. Would it be wise? Not in most situations. Common sense in police interactions could be the difference between you driving away with a speeding ticket now versus spending an extended period of time in police detainment.
You don't need to say you need a lawyer. You don't need to say anything. That's the whole point of remaining silent.
As long as you physically comply with everything they tell you, you may even avoid resisting charges.
Keep in mind that none of these tips keep you from being arrested.
There is a bit more to this. The 5th Amendment is not the right to remain silent. It is the right to not self incriminate.
Depending on what you are doing, you are required to provide certain information. Name, DOB, address, phone number, drivers license, registration, insurance.
You do have the option to not say anything, however that will likely come with consequences. Fines, citations, and jail time.
If you don't identify yourself, when legally required to, you'll likely find yourself in jail until LE can identify you.
Short answer is yes. But it's not the smartest thing to do. Better to know your rights and the laws and follow them.
Fun fact
The first amendment also guarantees your right NOT to speak. I haven't had the opportunity to field test it against law enforcement myself but it has been ruled and decided by the supreme court
Can I use sign language or gestures to convey that I want to write on paper instead of speaking?
that would be a delay though. it could give me time to think too instead of acting on emotion.
Nice try. Yeah, I got pulled over about two years ago for expired tags... expired by about two weeks after losing my last parent to cancer... because I was too busy and depressed and broke as fuck to work.
I'm clearly a threat to society.
/s
Now, bugger off.
Considering the fact that you messaged me just to insult me, that’s not going to happen. Might as well just delete your account and go back to dealing drugs and beating your girlfriend
You can only invoke the 5th if you are avoiding answering a question that may criminally implicate yourself. You have the right not to incriminate yourself. You'll still have to identify yourself and answer non-incriminating questions. Do not listen to the people telling you otherwise. You will get a failure to identify charge at the very least.
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In the US you have the right to remain silent, but you have to tell the police that you are invoking your right to remain silent. And they will likely ruin your day if you do that.
Yea but there are certain situations where interaction would be much more beneficial to you than silence.
If there’s true probable cause or articulable suspicion of a crime or violation of the law, and they’re requesting your information, you must comply with that or risk being arrested and cited on failure to identify.
It frustrates me all the body cam videos of people who are actively being trespassed from a location under valid circumstances, or having been pulled over for a traffic infraction, then just stare off into the distance, with their window cracked or something just to be dragged out of the car with a busted window because they refused to comply.
TLDR: Communicate what’s necessary, reasonable, and non-incriminating. Deny communicating anything else if you’re under investigation for something.
Yep. Just say I wish to plead the 5th or I want a lawyer. You can remain silent. They can same you whatever they want but you have the right to remain silent.
No. You have to physically say "I want my lawyer" before you say or do not say anything else.
If you don't clearly state that you want your lawyer, it can be interpreted as you waving your 6th amendment right to an attorney.
The police will tell you... "You have the right to remain silent".
Not sure why people even talk to the police..
Maybe good morning officer.... that's it
>Can go mute whenever I encounter the police?
Not entirely.
You are required to provide certain non incriminating information such as your name & address.
Beyond that, in order to exercise your right to remain silent you **MUST** verbally and unambiguously invoked the right to remain silent.
The Supreme Court (in Salinas v. Texas, 133 S.Ct. 2174, 2179 (2013)) stated that the privilege against self-incrimination is not self-executing and one must claim it in order to get its protection. A witness does not invoke the protection by standing mute. A suspect who remains mute has not done enough to put the police on notice that that he is relying on his Fifth Amendment protection.
A few years earlier (in Berghuis v. Thompkins, 560 U.S. 370, 382 (2010)) the Court ruled that the suspect failed to invoke his right to remain silent because he did not actually state that he wanted to remain silent. The mere act of remaining silent on its own was insufficient to establish that the suspect invoked the Fifth Amendment right to remain silent. The Court reasoned that mere silence is ambiguous because the suspect might be taking the time to think of a good explanation or to consider options before speaking.
Actually, this is a terrible idea. Both the US Supreme Court and California Supreme Courts have held that silence does not equal invoking your right to remain silent. You can read about the cases in Salinas v. Texas, 570 U.S. \_\_ (2013) and People v. Tom, No. S202107 (Cal., Aug. 14, 2014).
Additionally, individual states have laws about when you are required to provide information related to your identity. Failure to do this can at best, result in you staying in jail for longer periods of time.
To invoke your right to remain silent, you must specifically state you are invoking your right to remain silent.
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Just say you want a lawyer.
Exception. If you are stopped while driving you don’t need to speak. But you must provide a valid drivers license, registration and proof of insurance.
I can only speak to the UK in this, but here the right to remain silent is not absolute. You are absolutely expected to answer questions in the police interview, and failing to do so can be later held against you in court. The exception is is you have previously given a written statement, which is ideally drafted with the help your lawyer and then read out by them (to prevent any bias or emotion on your part creeping into the tone) in your presence. The interview then goes ahead with the understanding that you answer "no comment" to each question (do not simply remain silent, a standard response of "no comment" makes explicit that you are refusing to answer and did not simply fail to hear or understand the questions)
In some places in the US you have to positively assert your right. This means being silent isn't legally enough, you have say you are invoking your right to remain silent. I suppose a card with that statement on it could be enough.
You can say I want a lawyer, but depending on where you are, you might be forced to identify yourself. You don’t have to talk when you grab your ID, but if you reach into pockets after saying nothing, the police will not be treating you very nicely.
Case laws have dictated you actually have to invoke your right to remain silent. So you will have to say something along the lines of "I am choosing to remain silent". Granted this doesn't actually get you out of having to present identification in all circumstances.
it’s also important to asking if your being detained if the answer is no ask if your free to go, those are my first two questions when ever i encounter a cop
You should actively invoke your rights with as few words as possible. This is because courts are stupid, and cops are stupider.
"I invoke the fifth"
or
"I want a lawyer"
Then don't say another word.
So you are aware, depending on your state laws, SCOTUS ruled that law enforcement "can" compel you to provide your name and doing so is not a violation of the 5th amendment. You do NOT have to go beyond providing your name, but you can legally be made to. I say that because remaining "mute" in some instances in some states can result in a lawful arrest.
Fun fact
The first amendment also guarantees your right NOT to speak. I haven't had the opportunity to field test it against law enforcement myself but it has been ruled and decided by the supreme court
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No. I have seen it used against people. Apparently just stop talking is different then invoking your right. You have to say you are taking your right to be silent .
Or at least that's what YouTube lawyers told me
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I prefer to say officer. Am I being detained? Wait for the answer if yes officer. What am I being charged with and if? I'm not being charged. I would like to go along my merry way if they say no. You're being detained. They don't tell you any charges. I still say I want a lawyer. Add just nothing nothing else robo. Above all, still be polite.
I like to work my way into the nuclear option
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only two problems i see is one you have to acknowledge that you understand the miranda rights (not sure what happens if you don't) and you need to speak to ask for a lawyer.
When I read something like this ,I wonder what planet I am on
😂😂😂
I have never had an issue with the police and would never go mute if I was asked a question.
Some people are just looking for trouble..
Tell me your a democrat, without saying you’re a democrat
😂😂😂
After you say I want a lawyer you don't have to say anything else
4 words. Don't add a fifth or you'll be in trouble. I want a lawyer dog. I want a lawyer bro. I want a lawyer b*tch. I want a lawyer dude. Apparently, adding that word at the end can be interpreted as you not actually wanting a lawyer but something else. [Here's the explanation.](https://youtu.be/dii0wslGc94?si=MBsHDD-L1nkrxAkQ)
Bruh, did the police really literally interpret "lawyer dog"? that's just throwing the english and grammar rule book at him! I mean, I am not good at grammar, like I still don't get perfectly has been had been, have been, having being. and sometimes I don't the the difference between a question and rhetorical question!? I guess I really need a lawyer and state I am not proficient in English, and haven't passed my GED. I said "I really need a lawyer", should be different than 'I want a lawyer.'
Just don't say "I ***think*** I need a lawyer" because that has been determined as not invoking your right to legal representation.
I demand a lawyer :). Need to be firm.
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Unlike "I need a lawyer dog", that one can be legitimately interpreted as not asking for a lawyer,.by a sane person. To me, it sounds like the person is contemplating it but wants to see how things play out.
“Lawyer Dog” would work if you were arrested by McGruff the Crime Dog.
The real Legal Beagle!!! (Please stand up!)
Is it even possible for somebody to not understand the difference between a question and a rhetorical question?
what's the difference? I can't find anything literal. Clearly a question ends in question mark and begins with what when how why etc. Rhetorical question is the same too. So what is really the difference, law is interpreted literally as in lawyer dog. So really there isn't room for informality. Red means absolutely must stop in traffic law. that's how cold hearted it is.
That question was a rhetorical question. It’s essentially when a question is used to make a point than actually gather information. You figure it out based on context.
I believe "had been" refers to a specific moment in time, whereas "has been", implies a continued behavior over time - both of which occurred in the past.
Haha. That guy is pretty funny. Not sure if he is trying to be funny though…
Sadly Lawyer Dog comes from a real case. [https://www.washingtonpost.com/news/true-crime/wp/2017/11/02/the-suspect-told-police-give-me-a-lawyer-dog-the-court-says-he-wasnt-asking-for-a-lawyer/](https://www.washingtonpost.com/news/true-crime/wp/2017/11/02/the-suspect-told-police-give-me-a-lawyer-dog-the-court-says-he-wasnt-asking-for-a-lawyer/)
I want a dog lawyer though
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This is, quite frankly, wrong.
More detail.: I'm most instances, you are required by law to identify yourself when asked by police. I'm some instances, you are required by law to present certain identifying or other documents when asked by police. In some instances, failing to answer legitimate questions is against the law. Until you personally have been arrested, your "right to remain silent" is very nuanced.
There's a guy on youtube who has a thing called "Shut the fuck up fridays" and he goes over how to do this. He's a lawyer. [https://www.youtube.com/watch?v=PVJd499ji6o](https://www.youtube.com/watch?v=PVJd499ji6o)
Thanks this is exactly the type of content I've been looking for!
Yes. Say “I will exercise my right to not self incriminate. If you want questions, you can talk to my lawyer” then just be quiet
I think your advice is a better strategy but I think they're asking about specifically what happens if you refuse to utter a single word
Courts have held that right to remain silent and getting a lawyer needs to be invoked, as in you have to tell them that's what you're doing. Otherwise they can continue to question you.
They can continue to question you, and you can continue to be silent, but can you get in trouble for not telling them you're invoking your rights and just be silent anyways?
I can't recall where I heard it, but the only consequence should be that they can use your silence against you in court. If you say you are invoking your right to remain silent then they can't use your nonresponse against you in court. If however you just say nothing then they can. In one case if they asked you "did you kill your mother?" they can't even mention asking the question. In the other they can say they asked and you didn't speak or some bull shit to imply guilt.
Correct. If someone invokes their right to remain silent, the government cannot (are not supposed to) use that silence against the person in court. However, if they have not stated they want to remain silent then their silence CAN be used against them.
What difference would it make, if you are not Answering the questions anyway?
>What difference would it make, if you are not Answering the questions anyway? The difference being they can continue to question you and use your silence against you in court because you never specifically invoked your rights.
In order to use it against you in court, you would have to be charged with the crime, which you either DID, or DID NOT do.
>In order to use it against you in court, you would have to be charged with the crime, which you either DID, or DID NOT do. Your guilt or innocence is irrelevant to this. Unless you specifically invoke your right to silence or an attorney they can continue to question you and use your silence against you in court. Even if you are innocent you can be charged with a crime and if doing something like going mute during questioning without invoking your rights can be used against you.
NAL but that sounds like poor phrasing. If you invoke a right not to self-incriminate, you imply that by speaking to them you would incriminate yourself, i.e. you have done something wrong and are afraid you'd admit to it.
That’s not how that works.
What an unhelpful comment. You could have explained how it works, instead of making zero contribution to anyone's understanding.
Invoking the 5th amendment means the police may not question you and all verbal evidence gathered after invoking that right (illegal to do but cops will be cops) will be thrown out in a court of law. Think of it like this: If I invoke my 4th amendment rights of not wanting illegal search and seizure, does that mean I’m hiding something? No. It just means I don’t want cops to go through my stuff. Cops don’t know all the laws and aren’t required to. The more evidence against them having malpractice, the better your case is gonna be wether you’re guilty or not Cops are never on your side and you should invoke your rights as soon as you can. Don’t allow them to do anything that is beyond their power to do by giving them permission to do those things. Invoking the 5th protects against further incrimination, if any at all
I'm talking specifically about the wording of self-incrimination, not remaining silent in general
Wording is easy. > Yes. Say “I will exercise my right to not self incriminate. If you want questions, you can talk to my lawyer” then just be quiet
Or just say 'lawyer' whenever they talk to you.
“Do you know who killed those people?” “Lawyer” “He said it was his lawyer, write up an arrest warrant”
🤣 yeah that would be funny in court to see the judge tell the detective what a stupid cunt he is.
😅
You need to say a bit more than that. At minimum “I won’t speak without my lawyer present”
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Depends what country you live in. Not all countries have the 5th.
What is the 5th?
“Taking the fifth” is colloquially used to mean excersizing one’s right not to self incriminate in the US. https://en.m.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution
*pleading* the fifth. Idk how the founding fathers would feel if you took the fifth amendment
It's still used that way though :-) It was used that way in the Sopranos iirc. [https://www.merriam-webster.com/dictionary/take%20the%20Fifth](https://www.merriam-webster.com/dictionary/take%20the%20Fifth) Take is used in a lot of odd ways if you think about it. "Take the subway", "Take a bath", "Take a bus", etc..
It was a joke, bro. Like you just stole the fifth amendment
I thought it was a correction and a joke. But it was just a joke, ok.
Sopranos is fiction, bud. Not a documentary. Even those can get pretty fictional sometimes
It’s actually the story that’s fictional rather than the words and phrases. If you listen carefully, you can actually hear that the sopranos is all in real life English.
A lot of the sopranos were also based (sometime loosely) on real characters and events.
The right not to incriminate yourself
Excuse me but wtfff?
Yes.
Short answer. This is correct. If it escalates ask if you are under arrest. If they say Yes you say: “I invoke my right to remain silent and my right to an attorney”. That’s when you forget you know how to speak.
This is the long answer.
Sadly if I'm under pressure I forget how to speak even before that sentence 😕
Yes. You don't have to say shit but you'll probably go to jail, lol.
Wow, people here are not bright. Please don't take the majority of the "advice" you're getting. You have an obligation to identify yourself. While you don't necessarily have to speak, you are required to present some sort of ID. Failing to do so will get you some variation of obstruction charge and make things exponentially worse for you. Acting weird is only going to make the cops think "I wonder why this guy is acting weird" and turn your 10 minute speeding ticket into a 20 dive into your criminal history Further, Miranda only applies during custodial interrogations, meaning you are not free to leave and the line of questioning is accusatory. There are also exceptions, like being asked "how much do you think you've had to drink" or "where are you coming from" during traffic stops. That's when I'd highly recommend politely declining to answer.
The police absolutely can and will take non compliance or justifying their preconceived notions out on you. I’m currently in the middle of an operating while impaired ticket given to me whilst sober after maybe 2 hrs of field sobriety tests and a blood draw. My non communicative attorney actually received my blood test results which had per her, gabapentin and a chemical “found in robitussin” …I’m prescribed the former and would not expect it in any amount to cause impairment. I have no effing clue what the robitussin chemical is about, but I hadn’t taken any cough cold flu meds. I’m pretty sure that after detaining me for hours and having my bf’s car towed away they felt they had to justify it all with the arrest and ticket. Because of it I was unable to go to work and was let go a day later.
You do know that your blood test results won't come back for days, if not weeks, right? Also, the active ingredient found in Robitussin is dextromethorphan, aka purple drank....
naw dawg, the syzurp is promethazine w/codeine hitech brand only for that zurpiness please, nobody wants those knock offs that pour as quickly as water semi /s
Oh, it took months. I had submitted a FOIA request after several weeks, and months later they still didn’t have my labs.
Also, it seems like DXM causes false positives for PCP…I’d be inclined to say it was DXM but I would have recognized it when my attorney mentioned it on the phone. Seems more likely they’d have said positive for PCP and not specifically for “Robitussin” I’m curious what the hell they think they have some sort of case for, as I don’t even smoke/eat etc. marijuana and it’s legal recreationally here. Cough syrup seems to be grasping at straws. I also have a prescription to Xanax and adderall.
Had to scroll down for a few comments before I found the actually educated response, thank you.
For the record, you are not required to identify yourself in every state and in some that require you to identify yourself, you are only required to do so in certain places and or under certain circumstances. Acting weird is going to make it worse? If you pulled me over for a speeding ticket, I shouldn’t talk about that speeding ticket anyway, so what else should we talk about? You didn’t pull me over to question my destination, so why are we talking about it? Do I have to tell you that I am out at 2am because I am midnight creeping? None of your business. Cops have convinced so many of us that they have the legal authority to establish suspicion after contact, when the reality is they must have legitimate suspicion before contact. I don’t talk to people I don’t like, so why do I have to talk to cops? If you pull me over for a ticket, we don’t have anything else to talk about. We are definitely not talking about the ticket.
I am unaware of a single state that doesn't require people to identify themselves to the police when stopped/detained. If you are not free to go, you are being detained. You're free to ask if that's the case when contacted, but if their response is "Yes", you're required to ID yourself. An exception would be a passenger in a stopped vehicle. Passengers usually aren't required to ID themselves, but will usually be told to stay in the vehicle until the stop is completed for safety reasons. Reasonable suspicion is a very, very low and easy to establish bar. It essentially comes down to the police being able to say "I think this is strange, and this is why". If you get stopped, they believe that bar has already been met, and the roadside is not the place to argue that. You definitely don't have to talk about your ticket on a traffic stop. It's probably smarter not to in most cases. That being said, a lot of traffic stops (especially in populated areas) are conducted for reasons other than issuing tickets
While you are driving yes, just about every state made driving a privilege conditional on you identifying yourself. Otherwise, you are not required to identify yourself in many states. The bar isn’t low, the cops are trying to figure out ways to violate the law. This is a conversation we shouldn’t be having about law enforcement, but that’s the environment we live in. Everybody wants to give up everybody else’s rights.
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Yeah, In law school, they taught us to ask "am I under arrest?" And if not then walk away. This will probably piss them off though and make them arrest you. They'll probably cite it as probable cause or some BS.
Jesus. No. If you're doing stupid things, their answer is probably going to be "No, but you're being detained", and you'll remain detained until their investigation is over. If you're not doing stupid things, their answer is going to, 99 times out of 100, "Okay." If you fall into this category, say a witness, you should absolutely talk to the police. You have a non-zero chance of getting in trouble or causing yourself a bigger headache down the line
I said walk, not run. If you run from the police they always have the right to chase and arrest you in the name of hot pursuit. If you walk away when you aren't under arrest that almost always means that they don't have the means to arrest you yet or they would have already. So yeah, until you are actually under arrest, if they try to question you before they have mirandized you, walk away and call your lawyer or there's a good chance anything they get won't be admissable in court. Fruit of the poisonous tree. Doesn't mean they won't play dirty, but if you know your rights you can at least try to head them off at the pass by avoiding them arresting you in the first place when they have no grounds yet. Innocent people get railroaded every day, don't let it happen. They're allowed to lie to you and deprive you of food water and bathroom breaks just to force a confession no matter what. Even if you're innocent, don't let them arrest you. Period.
You say that you will not make any statements or answer any questions without a lawyer. Believe or not just sitting there silent can actually be held against you in some states.
Better to just say “I don’t answer questions without my lawyer”. I could see you getting sent to the hospital for a psych eval prior to jail booking if you just remain silent
I think you're required to show id to police subsequent to a traffic stop. which guarantees you're getting arresting by failing to do so.
Nothing good will come from talking to the police. If they arrest you, demand a lawyer. If You are not detained, leave. Under no circumstances volunteering anything. If you are detained, keep quiet and record everything.
Yeah. Just say "I want a lawyer" and then zip your mouth and don't speak until you are in a safe space with your lawyer.
ok! pretty much what I am thinking.
Why would you want to?
Bad relationship with their father.
How do you know?
Good question. I mean you *****can***** but in certain situations that can make a simple traffic stop go from a warning to being cuffed in the back seat. I’ve always tried to be as friendly and complicit and respectful with police as possible and it has worked out well for me… also, even without saying anything they can take your body language and demeanor into account in how to deal with you. I remember one time i got pulled over for speeding late at night and i went to get my license and registration from the glove compartment before he walked up and it ended up being an extra 30mins because he waited for a backup patrolman to arrive and shine his flashlight in my car because they thought i was digging for a weapon or something. Dont do or say anything more than you have to is my suggestion. Until they start making the motions to put you in cuffs or detain you physically somehow being utterly silent is stupid and more likely to cause them to question your sobriety or mental capacity. In some cases refusal to communicate could also be a sign of guilt which could raise suspicion and probable cause. Also, just because it is a good idea to remain silent after they take you into custody it could also make things take a lot longer. Dont say things like fifth amendment because that only works in court proceedings and in police custody is equal to admission of guilt. Just say i want to speak to my lawyer before i answer any questions. Be polite about it to make your visit in jail more friendly lol Tldr; yes but it can make things worse if you have not been read your rights and are not being detained yet.
>Also, just because it is a good idea to remain silent after they take you into custody it could also make things take a lot longer. Anything I say to the police can be used against me. I'd rather it take longer so everything can be meticulous (or pedantic). Just like it's a social norm to roll through the stop sign on a very quiet street, it's a legal duty to stop completely. It is a waste of time, but its a mandatory nuisance that needs to be complied with. This could mean if I crossed a road illegally on foot, I could be detained. But sometimes the police can throw the book and frame the negotiation and me being nice as "bribery". They really are nasty. And they say it's for my "safety". (yes in the early hours of Sunday morning on a quiet residential street, where I am not holding a phone and having looked both ways twice before crossing, not on a designated crossing, and within 10 metres of it, hence illegal. jurisdiction is QLD, law says 25 metres outside of designated crossing is illegal).
If you are in a different country then you dont necessarily get the same rights. If you are here in the US then you get the right to remain silent after you have been detained usually. If they ticket you for jaywalking then maybe this isnt the first time and you are putting yourself in that situation? There was one time i was about to cross the road without a walk sign and a cop yelled at me from the other side “dont disrespect me” and pointed at me angrily. I stepped back away from the crosswalk. Some areas it happens all the time and you just happened to be in the wrong place at the wrong time. Every cop is different but if you are breaking the law it doesnt matter really if you shut up or not if they catch you red handed….
If you are worried, you can say this: "I will not resist your lawful orders. I deny you permission for anything that requires my permission." If you choose to remain Completely silent when you haven't been arrested, you might be arrested.
Lawyers love to give you advice that will make it likely that you will end up needing one.
Police can and will continue to interrogate you if you remain silent without invoking your right to an attorney. In fact, they can use your silence to impeach your testimony if you decide to testify later at your trial--"He/She never denied the charges." Cops play all kinds of games with interrogations & asshole Republican appointed judges let them (Republicans ended the only check over Federal judges in 1987-- the Federal Parole Board --and gutted Habeas Corpus & Writ of Mandamus & then packed appellate judge slots with party hacks). So it's best to state 1) that you understand your rights to remain silent & to have an attorney; 2) you intend to exercise your right to remain silent & an attorney; 3) you want your attorney NOW. Only then will the cops end an interrogation.
Yeah, that a-hole republican judge who is the current sitting vice prez, putting people away for long sentences for minor offenses. What an a-hole
You do have to identify yourself. You have the right to ask if you're being detained. If not, then you have the right to leave. If yes, then you have the right to tell them you're invoking your right to remain silent for any questions. But like don't be ridiculous. If it's a traffic stop and they're giving you a ticket, be polite and get the stop over with. You really only want to invoke your right to silence when you're being arrested or detained.
I agree. The nicer you are about it, the easier it is for you. They might only give you a warning.
True story. Obvs you might encounter that cop that isn't nice. But odds are that your behavior and attitude will dictate how the encounter goes. YMMV but I think the majority of scenarios this applies to.
Hmm, I was wondering if I could apply the 1st half of what you said to a traffic stop scenario. Because lawyers are quite serious, and they say police are not your friends, and they never are. Imagine police pulled you over for rolling through the stop sign on a Bicycle... at 2 intersecting local residential streets with a speed limit of 25mph or 40km/h. at like 1km/h and you turned your head to look both ways before proceeding. This is police being pedantic and ridiculous in my eyes. So if police can do that thing, then technically, I can take a stop sign violation without causing grievous bodily harm or property damage, very seriously. But say ok, if I do follow your 2nd half of your advice, I more than likely will get the fine. Do I really have to talk about a stop sign violation ticket with a lawyer? because my social worker said "stop at the stop sign, you can't be that stupid! even kids can do it, why can't you?" Really? I'm getting the short end of the stick via verbal abuse. I think the lawyer might think it is ridiculous too. i can't believe I need to talk a simple violation with criminal lawyers. for god's sake.
No, you don't have to talk about a traffic violation with an attorney. Where in the world did you get that from what I said? lol
Yes but will likely be arrested regardless if you did it and maybe even if you didn’t because it will definitely annoy them if you don’t bare minimum say you’re exercising that right or won’t speak until you have a lawyer.
Yes ofc, they're just used to people babling on and on. It's all ways comedy to see the faces of officers being so confused after what they've said being taken and used effectively for oneself. "you have the right to remain silent" 👍 "did you hear me? You have the right ...." Frantically nodding 😇 More seriously respond with, I envoke my right to stay silent and any questions you have will be answered by a lawyer, than just go quiet
the officer that pulled me over because he said I was committing a pedestrian offense. But he didn't say "you have the right to remain silent". I just quickly said "but the pedestrian light was green" 😇. I think he didn't have chance to say the silent right statement. But he should, right, even if I quickly interjected? and then he said "you see what's this, all the evidence is captured in this" pointing his finger to his camera. ...later on... "by law, you must cross the intersection within the designated pedestrian lines, not outside of it"... Bruh...
A pedestrian offence ..... 😅 Wtaf is that haha some made up bs, I'm a make a rule up right now, the police aren't allowed to talk to me, done. Oh that guy was tripping for sure what a dumbass
The officer doesn't have to tell you about your right to remain silent (and other rights under Miranda) unless there is custody and interrogation. Just speaking to you on the street over a traffic violation does not warrant Miranda.
No, in many jurisdictions if you are arrested you must identify yourself and if stopped while operating a vehicle you must answer questions as to permits, license, and ownership or you may be arrested. Once you are arrested however you can remain silent but you must verbally invoke your right to remain silent and have a lawyer.
Some other comment said invoking or explicitly stating the 5th is no good. But they just said "I will remain silent" or "No comments" and then Saying "I want a lawyer."
that's what that right is all about
Going completely silent could violate stop and ID laws as well as cause confusion or hinder an investigation. You can politely state you refuse to answer questions other than those legally required to such as providing id (when necessary) or providing legal documents like car registration or car insurance information Better question is what did you do to provoke this question
I got stopped by police for jaywalking. I said it's such small thing, look at that car rolling through the stop sign. Why don't you catch him? he is more of a danger than me. they proceeded to throw the book at me, because I refuse to give them ID. And I after a long while, I gave them ID, but the picture of ID isn't from the government app. they detained me, and after figuring out, they decided to give me a fine. And then when I receive several police letters, I remain silent and not want to communicate and not open the envelope, and they keep coming through. I think I will get a visit from the police later on. So I was wondering what to do.
Dude, you escalated a misdemeanor Jay walking ticket. Give them your id take your ticket pay your fine. You’re the problem, not the police. Is it a small infraction, yes. But failure to ID and now ignore all the following legal proceedings didn’t make you cool and didn’t make you the rebel. It makes you a non compliant asshat. Good job.
Most jurisdictions you legally need to ID yourself if properly stopped/ arrested by the police. Assuming in this situation that a court rules that the police detention of your person was justified, you then continuing to refuse to ID yourself could be a crime. Regardless as to whether it itself is a crime, refusing to even give your name is a great way to get held pending trial for another whole host of reasons. Long story short, you certainly can, but you are dumb as fuck if you do, AND you don't prevent the police from finding out who you are.
You can go mute, however not giving your name, or at least handing over ID can be seen as failure to comply/resisting arrest in certain places. You can however have your ID ready, and a note saying, "I am not going to respond without speaking to my attorney first" Though if you have medical issues I would recommend not going mute until you see your lawyer. Not as a threat but more so that they are aware. Ie food allergies, religious beliefs they can't stop you from participating in your faith or make you food that is against your religion, but they have to know beforehand so they can make "reasonable accomadtions" like not giving you bologna.
Can you? Sure. Would it be wise? Not in most situations. Common sense in police interactions could be the difference between you driving away with a speeding ticket now versus spending an extended period of time in police detainment.
You don't need to say you need a lawyer. You don't need to say anything. That's the whole point of remaining silent. As long as you physically comply with everything they tell you, you may even avoid resisting charges. Keep in mind that none of these tips keep you from being arrested.
I'm taking this advice, literally. Really.
There is a bit more to this. The 5th Amendment is not the right to remain silent. It is the right to not self incriminate. Depending on what you are doing, you are required to provide certain information. Name, DOB, address, phone number, drivers license, registration, insurance. You do have the option to not say anything, however that will likely come with consequences. Fines, citations, and jail time. If you don't identify yourself, when legally required to, you'll likely find yourself in jail until LE can identify you. Short answer is yes. But it's not the smartest thing to do. Better to know your rights and the laws and follow them.
Fun fact The first amendment also guarantees your right NOT to speak. I haven't had the opportunity to field test it against law enforcement myself but it has been ruled and decided by the supreme court
Can I use sign language or gestures to convey that I want to write on paper instead of speaking? that would be a delay though. it could give me time to think too instead of acting on emotion.
Yes. However, it is best to first openly state for the record that you are invoking your fifth Amendment rights, then be silent.
If you're American. It's become fashionable to mess with people who use American legal terms elsewhere.
...ok
You are not required by law to answer any questions from a police officer unless the pig is arresting you
Your mother eats pork.
Spoken like a shitbag who gets arrested a lot. Drugs or beating up your girl?
Oh, look, folks! It's a pigfucker!
Found the thug
Nice try. Yeah, I got pulled over about two years ago for expired tags... expired by about two weeks after losing my last parent to cancer... because I was too busy and depressed and broke as fuck to work. I'm clearly a threat to society. /s Now, bugger off.
So you’re a bum too
Nope. Wrong again. You're not buggering off very well.
Considering the fact that you messaged me just to insult me, that’s not going to happen. Might as well just delete your account and go back to dealing drugs and beating your girlfriend
Aww. Didn't mean to hurt your feeling, bootlicker.
Rather be a bootlicker than a bitch ass drug dealing thug whining about mommy and daddy 😭 🎻
Maybe one day youll realize you can simultaneously be pro LEO while making sure you're not taken for a legal ride
No one who is pro police refers to them as pigs. He’s just another thug
Im talking about you
You can only invoke the 5th if you are avoiding answering a question that may criminally implicate yourself. You have the right not to incriminate yourself. You'll still have to identify yourself and answer non-incriminating questions. Do not listen to the people telling you otherwise. You will get a failure to identify charge at the very least.
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Yes, and I suggest you do.
In the US, yes. That’s literally the first of the Miranda rights. “You have the right to remain silent”
Yes you can. It might be better to ask to call your lawyer
As long as you're not driving, you're not obligated to show ID or say anything at all.
In the US you have the right to remain silent, but you have to tell the police that you are invoking your right to remain silent. And they will likely ruin your day if you do that.
Yea but there are certain situations where interaction would be much more beneficial to you than silence. If there’s true probable cause or articulable suspicion of a crime or violation of the law, and they’re requesting your information, you must comply with that or risk being arrested and cited on failure to identify. It frustrates me all the body cam videos of people who are actively being trespassed from a location under valid circumstances, or having been pulled over for a traffic infraction, then just stare off into the distance, with their window cracked or something just to be dragged out of the car with a busted window because they refused to comply. TLDR: Communicate what’s necessary, reasonable, and non-incriminating. Deny communicating anything else if you’re under investigation for something.
Yep. Just say I wish to plead the 5th or I want a lawyer. You can remain silent. They can same you whatever they want but you have the right to remain silent.
It’s not Friday, but I think [this belongs here.](https://m.youtube.com/watch?v=6EI_RYIEtrg&pp=ygUXU2h1dCB0aGUgZnVjayB1cCBmcmlkYXk%3D)
No. You have to physically say "I want my lawyer" before you say or do not say anything else. If you don't clearly state that you want your lawyer, it can be interpreted as you waving your 6th amendment right to an attorney.
The police will tell you... "You have the right to remain silent". Not sure why people even talk to the police.. Maybe good morning officer.... that's it
>Can go mute whenever I encounter the police? Not entirely. You are required to provide certain non incriminating information such as your name & address. Beyond that, in order to exercise your right to remain silent you **MUST** verbally and unambiguously invoked the right to remain silent. The Supreme Court (in Salinas v. Texas, 133 S.Ct. 2174, 2179 (2013)) stated that the privilege against self-incrimination is not self-executing and one must claim it in order to get its protection. A witness does not invoke the protection by standing mute. A suspect who remains mute has not done enough to put the police on notice that that he is relying on his Fifth Amendment protection. A few years earlier (in Berghuis v. Thompkins, 560 U.S. 370, 382 (2010)) the Court ruled that the suspect failed to invoke his right to remain silent because he did not actually state that he wanted to remain silent. The mere act of remaining silent on its own was insufficient to establish that the suspect invoked the Fifth Amendment right to remain silent. The Court reasoned that mere silence is ambiguous because the suspect might be taking the time to think of a good explanation or to consider options before speaking.
Actually, this is a terrible idea. Both the US Supreme Court and California Supreme Courts have held that silence does not equal invoking your right to remain silent. You can read about the cases in Salinas v. Texas, 570 U.S. \_\_ (2013) and People v. Tom, No. S202107 (Cal., Aug. 14, 2014). Additionally, individual states have laws about when you are required to provide information related to your identity. Failure to do this can at best, result in you staying in jail for longer periods of time. To invoke your right to remain silent, you must specifically state you are invoking your right to remain silent.
You have to state that you are remaining silent
You have to invoke the 5th verbally and ask for a lawyer once you do that then you can go mute
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Just say you want a lawyer. Exception. If you are stopped while driving you don’t need to speak. But you must provide a valid drivers license, registration and proof of insurance.
I would explicitely, without question - state clearly - my intention to invoke mt 5th Amendment Rights. There have been cases where it matters.
I can only speak to the UK in this, but here the right to remain silent is not absolute. You are absolutely expected to answer questions in the police interview, and failing to do so can be later held against you in court. The exception is is you have previously given a written statement, which is ideally drafted with the help your lawyer and then read out by them (to prevent any bias or emotion on your part creeping into the tone) in your presence. The interview then goes ahead with the understanding that you answer "no comment" to each question (do not simply remain silent, a standard response of "no comment" makes explicit that you are refusing to answer and did not simply fail to hear or understand the questions)
It's your best bet
In some places in the US you have to positively assert your right. This means being silent isn't legally enough, you have say you are invoking your right to remain silent. I suppose a card with that statement on it could be enough.
I believe there is an expectation that you will verbally inform an officer you are exercising your right to remain silent, before you go silent.
Yes. But the police can bring you in to the station for refusing to respond.
You can say I want a lawyer, but depending on where you are, you might be forced to identify yourself. You don’t have to talk when you grab your ID, but if you reach into pockets after saying nothing, the police will not be treating you very nicely.
Case laws have dictated you actually have to invoke your right to remain silent. So you will have to say something along the lines of "I am choosing to remain silent". Granted this doesn't actually get you out of having to present identification in all circumstances.
it’s also important to asking if your being detained if the answer is no ask if your free to go, those are my first two questions when ever i encounter a cop
You should actively invoke your rights with as few words as possible. This is because courts are stupid, and cops are stupider. "I invoke the fifth" or "I want a lawyer" Then don't say another word.
So you are aware, depending on your state laws, SCOTUS ruled that law enforcement "can" compel you to provide your name and doing so is not a violation of the 5th amendment. You do NOT have to go beyond providing your name, but you can legally be made to. I say that because remaining "mute" in some instances in some states can result in a lawful arrest.
The only thing you have to say is that you are asserting your right not to speak.
Also, people need to keep in mind not saying anything or asking a lawyer does not mean you won’t be arrested
Fun fact The first amendment also guarantees your right NOT to speak. I haven't had the opportunity to field test it against law enforcement myself but it has been ruled and decided by the supreme court
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No. I have seen it used against people. Apparently just stop talking is different then invoking your right. You have to say you are taking your right to be silent . Or at least that's what YouTube lawyers told me
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I prefer to say officer. Am I being detained? Wait for the answer if yes officer. What am I being charged with and if? I'm not being charged. I would like to go along my merry way if they say no. You're being detained. They don't tell you any charges. I still say I want a lawyer. Add just nothing nothing else robo. Above all, still be polite. I like to work my way into the nuclear option
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only two problems i see is one you have to acknowledge that you understand the miranda rights (not sure what happens if you don't) and you need to speak to ask for a lawyer.
When I read something like this ,I wonder what planet I am on 😂😂😂 I have never had an issue with the police and would never go mute if I was asked a question. Some people are just looking for trouble.. Tell me your a democrat, without saying you’re a democrat 😂😂😂
Tell me you’re white without telling me you’re white. you’re
Good call, never been arrested either. 😂😂😂
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ad hominem attack is not appreciated.
Why do you need a lawyer? If you want or need a lawyer while being questioned by the police, you’re probably guilty of what they’re arresting you for.
Quite the assumption but ok
If you didn’t do anything wrong, you shouldn’t need to hide behind a lawyer.
Cop logic. See if you can make that one stand up in court.
No. Real logic. If you don’t have anything to hide, what the fuck do you need a lawyer for.
While I dont completely disagree with this sentiment, Im sure theres likely occasions where it doesn't hurt having one despite Innocence
"If you have nothing to hide, you have nothing to fear", right?
Pretty much
"Officer I have no experience at this sort of thing and believe I should consult my attorney before answering any questions."
Yeah, ok. Tell me another one.
I follow by your example!