can a cop arrest for refusing to answer questions that may incriminate you?

Question

I know I have the right to remain silent

Can I sue for violating my basic human rights?

becuz a cop at one time threatned to arrest me if I didnt answer his questions.
i was pulled over and the cop accused me of passing a red light when he was no near the traffic light and started asking me questions if he did how long would i be in a cell and can i sue him or/and or he city for violating my human constitional rights

Answer 1

You have the right to remain silent, and you can sit silently in a jail cell. If they have reason to beleive that you are hindering their investigation by withholding information, and you are a suspect, they absolutely can arrest you.

Answer 2

If the officer asks you a question that pertains to the reason he pulled you over or if he suspects you just commited another crime in the area,yes he can arrest you.Will they?Probably not unless you get a attitude or they have a really strong suspicion you are involved

Believe my buddy got a failure to comply with an arresting officer when a cop pulled him over for speeding from a neighborhood that had just reported gunshots.
(He was there and wouldn't say where he was coming from to avoid getting in trouble)
He was released later that night and wasn't charged with anything but he did still get the speeding ticket.

Just cause you get arrested does not mean you broke the law.

Answer 3

A cop cannot arrest you for not talking. If you are arrested, it would be for some other reason.

BTW, the Miranda ruling re the right to remain silent only applies if you are in custody and are being interrogated.

Answer 4

Refusing to answer questions can't get you arrested... Now, if you do something like refuse to blow into a breathalyser, that can get you arrested. But simply not talking to a cop shouldn't get you into trouble. Probably can't sue though, a judge will take a cops word over yours in most cases.

Answer 5

5th Amendment:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.


Your line...." nor shall be compelled in any criminal case to be a witness against himself "

Talk to a lawyer bout lawsuits. Many think they have to answer cops, listen to cops, do as a cop says, and that cops WANT you to think that. But they are held by many laws and they will "word" their talk to make you feel guilty and other emotions to make you talk. They are masters at this.

Always best just to say yes or no to a cop and not much more unless you have your attorney present.

Answer 6

an officer can arrest you if there is belief you are involved in the crime he is enquiring about. he cannot legally ask questions pertaining to a crime until after your miranda rights are read to you. any answer given before miranda, is inadmissible in court. you can admit to the crime, but pre miranda statements don't mean a thing. you can change your answer after miranda and not be charged, unless there is significant evidence against you.

Answer 7

if you can proove it.but i doubt it.as long as you didn't sign anything though and there are no other witnesses it's still your word against his.if you would like to send me a message with an email address and give me more details i'd be glad to help as much as i can.i've been through the system.i know a lot about it.also it would help to maybe if i knew what state you were in.

Answer 8

I think Coragryph needs to answer that if he hasn't already. But you do have the right to have an attorney present when you are questioned.

Answer 9

no a police officer can not arrest you for failer to answer questions unless it is for aiding and abeding. But he or she does have to tell you what you are being arrested for.

Answer 10

WAIT UNTIL YOUR ATTORNEY COMES AND THEN TALK