Rights to refuse to talk to the police?

Question

I was questioned by the police a few years ago. The police pulled up to me because I was white in a black area.I am against racial profiling. I however instead of fighting it, choose to talk to the police, for I had nothing to hide. However, what should one legally say to refuse to talk to the police during illegal questioning. They asked me to empty my pockets due to a cell phone, which I feel is against my 4th amendment. I feel what the police did by pointing at me was against the law, yet I choose not to fight it.

Thanks

Answer 1

You said they pulled up to you, so I am going to assume you were on foot. To stop and talk to you, all the officers needed is what is legally referred to as "reasonable suspicion". That means that if there was anything that they can articulate about why they felt something was not right with you being where you were when you were. If you were hanging out in front of closed businesses, if it was really late and not an area where late foot traffic is normal, if you were acting extremely nervous and making suspicious motions when you saw them, if there have been a lot of crimes in that area around that time of day, etc. A big reason why officers do something like that is because some citizen calls in about you standing out there "looking suspicious". Any one of those things, minor as they may seem, give the police legal right to detain you long enough to determine if there is anything else that would lead them to believe a crime had been committed.

Any time a police officer has reasonable suspicion to stop and talk to you, this is referred to as a "Terry Stop", because of the U.S. Supreme Court ruling that established the precedent. During a Terry Stop, the officer is permitted to conduct a pat-down search (which consists of patting the outside of your clothes feeling for weapons). This is allowed in consideration of the officer's safety. Since it is hard to tell from the feel if the item in a pocket is a cell phone, they are allowed to have you remove the item to determine if it is a weapon or not. And many things besides guns and knives can be considered weapons, even something as simple as a plastic Bic lighther. A pen or pencil can even be used as a weapon. If the officer feels any item that he feels can be used as a weapon, he is allowed to reach into the pocket to remove the item. And if the officer feels an item that he can articulate, based on his training and experience, felt like narcotics, then he is allowed to reach in and remove that, as well.

If the officer did not do the pat-down search, but just asked you to empty your pockets, you can tell him no. But the officer will then do the pat-down search and remove the cell phone and anything else he can articulate felt like a weapon or drugs. The officer is also not required to tell you that you can refuse, unless you ask. The Supreme Court has ruled on that, too.

If you felt they stopped you for no reason or conducted an illegal search, then you should have filed a complaint back then. Then they would have investigated it when it was fresh. If they determined that the officers had reasonable suspicion and acted properly, they would have been cleared. If they determined the officers acted improperly, you would have had a case. Now, all you have is a memory and some questions that no one but those officers have a real answer to.

It doesn't take much to get reasonable suspicion. And as long as the officers had that, then to me, everything you said happened sounds completely legal and proper.

Don't get me wrong, I fully admit that there are officers out there that push the limit and cross the line sometimes. It's up to the other officers who see it happening to step up and let them know that it's not acceptable and we won't let them do it. But it's also up to the citizens to follow through on something when they feel that an officer may be over stepping the law. That's the reason that every department either has an internal affairs division or an agreement with another department about internal investigations. Sometimes a complaint is because the citizen just doesn't have all the facts or the citizen is just making trouble, but the true, valid complaints are what helps us clean up the ranks and make sure we only have the right people wearing the badge.

Sorry, I know that last part went beyond your question, but I felt the need to preach a little. Thanks for the opportunity.

Answer 2

u have the right to tell them they can't search the vehicle....all though they may get a warrant and make u sit there wit them for like an hour....but half of the time they can't even get a warrant so it's a 50/50 chance....u always don't have to tell them anything....if u did nothing wrong u don't have to volunteer any information...and even if u did something wrong u don't have to say anything....and half the time they will try to intimidate and scare u, let them know u won't be intimated by telling them u know how the law works and u want a lawyer if it comes down to it....u DO NOT have to volunteer any information....and most people don't know that....

Answer 3

Cops have total authority and guns. You don't. No matter how much they violate your civil rights.

You have no choice but to comply with their illegal search and seizures. You will die if you resist and their stories will ALWAYS paint you as a criminal, no matter what really happened. Just try to position yourself directly in front of the cruiser camera.

After the incident, you can file the appropriate complaints. As, you will still have your life.

Answer 4

Well they can pull you over if they feel the need. You can tell them if they wish to search your car and belongings then they need to get a search warrant. However You simply reply with " Im sorry but I don't feel the need to talk to you. So unless you tend to press charges I have nothing future to say to you" Or you say " I have nothing to say unless I have a lawyer present."

Answer 5

I was arrested for not talking to the police.You have no right to remain silent.I was charged with resisting an officer.
I was across the street from my house.

Answer 6

either they are arresting you or they are not. If not, then they have no right. I'm not sure the cell phone in a pocket is sufficient to prove probable cause.

Answer 7

Ask the officer if you are free to leave. If the officer agrees, you can walk away and answer no more questions.

Answer 8

The reverse card, SHUT UP...sorry I just have low tolerance for stupid people

Answer 9

simply just plead the 5th