you have the right to remain silent?

Question

i hope everybody does just that,, when a police officer pulls you over just give your name and license, insurance card and registration, and thats it,, they dont have the right to ask you where you are going or what you are doing,, they dont have the right to search your car, they dont have the right to ask if you are hiding anything,, they use verbal tactics to get you to talk so use it back on them,, if they want to search you car,, then get out and lock the door and say get a warrant,,dont be bullied,

i have done just that and stated i would file civil if he tried to search my car,, he left and just gave me a speeding ticket which i had thrown out

Answer 1

First of all, I salute you and thank you for your service (as a retired Marine Corp member) and for your educating, nurturing, training, etc. three boys to be contributing and productive members of our society (that is not an easy task)!!

Please be aware, however, that a police officer has both state statute and U.S. Supreme Court decision to support his (or her) Stop and Frisk (search) activities. A police officer (after having identified himself as a police officer) may stop any person in a public place for a reasonable period of time when the officer reasonably infers (a reasonable inference is not probable cause) from the circumstances that the person is committing, is about to commit, or has committed an offense ("offense" includes traffic law violations). If "offense" did not include traffic law violations, a police officer would not be able to "stop" a motorist. Think about it! The police officer may demand the name and address of the person and an explanation of (the violator's) actions. Additionally, when the police officer reasonably suspects that he or another person is in danger of attack, he may search the person for weapons.

In considering what "reasonable inference" is, it is important to consider what it is not. A "reasonable inference" is not probable cause or reasonable grounds which are evidence and facts that would justify an Arrest. "Reasonable inference" is simply "suspicion" of guilt or wrongdoing or harmfulness "with little or no supporting evidence." It is a less stringent standard and, therefore, can be met by less in terms of facts, evidence and circumstances.

The "Furtive Movement" search is in reality a special measure of "Frisk". Judicial decision has maintained that where an officer, during a traffic stop for nothing more than a motorist's improper use of bright lights, observed movement by the driver characterized ". . . . as a man bending or reaching down . . . the trial judge believed that the police officer became fearful (a "reasonable suspicion") that the driver may have been armed and that further investigation was warranted." The court held that the search and seizure (in that case) of a small caliber handgun, which the officer noticed on the floor under the driver's feet when the officer opened the door on the passenger side of the vehicle, was reasonable and justified.

Please be aware of these authoritative and legal circumstances when you tell people that police officers ". . . don't have the right to ask (a person or motorist) where they are going or what they are doing." And don't tell people who read your words that a police officer does not have legal authority to search your car and a police officer doesn't have the legal authority to ask if you are hiding anything.

You give the appearance that you want to be the "bully" and that you do not care about the safety of police officers who put their lives on the line to protect us. Your inaccurate words produce more harm than benefit when you express that police officers do not have the legal authority to ask questions of the people that they stop (even for the seemingly harmless violations of improper use of bright lights or improper and illegal use of horn signal).

Based on your uninformed knowledge of law, you would probably be surprised to learn that ". . . . a private person (and "private person" includes a security guard and a regular citizen) in whose presence the offense of misdemeanor or felony has been committed may arrest the violator for the offense." I knew you would be surprised because many people are not aware of that law.

I encourage you to research statutes regarding the authority of police officers in the state where you live. I also encourage you to research legal judicial decisions regarding the authority of police officers.

Answer 2

First and foremost, the 5th Amendment to the US Constitution states: "...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..." which means your "right to remain silent" is an issue of self-incrimination.

Certainly, one does not have to answer questions of an officer that are "background" questions to insure nothing is amiss. However, when somebody asks how your day is going and you refuse to respond shows an intentional "disinterest" of which may bring a different approach to an otherwise innocent situation.

Another issue you mention is not accurately addressed. You state "if they want to search you car,, then get out and lock the door and say get a warrant." Vehicles fall under what is known as "exigent circumstances." With "probable cause" or a reasonable belief that a crime has been or is being committed, a warrantless search may be conducted.

It's unfortunate that you think the police "bully" people as this is an interpretation you seem to want others to think. The police are here to insure the community of which we all share is free from crime and violence.

Best wishes!

Answer 3

Why wouldn't you tell the officer your name? It is right there on the license unless it is not your license. Why make the officer's job harder by bring argumentative? What could have been a simple pull over and being let go after the officer talks to you turns into a situation where you might spend the night in jail or receive more than one ticket.

If you want the chance of getting out the ticket, do the following:

1. If you are driving and an officer puts his/her lights on to pull over, then do so right away. It shows you respect his authority and give emergency vehicles the right-of-way. He/she might not even be after you.

2. Put your hands where he can see them. At night, turn on your dome light and show your hands. The officer will be concerned that you might have gun and will shoot. Many police officers have been shot and killed on a routine pullover.
Once he/she sees you are unarmed, he/she will become more relaxed.

3. Don't volunteer information. Just answer the officer's questions and that's it.

4. Don't argue with the officer. If they said you did something, then just "yes sir or yes ma'am". You are not admitting guilt but agreeing with the officer. Officer's hate being called liars. You will have your turn in court to argue.

5. Be polite and friendly. The officers is just doing their job. Remember you have 50/50 chance of getting the ticket at that point. If you give the officer an attitude you will get ticket. If you are nice, he might let you go. It is up to him. Plus if he does give you a ticket, he might forget to show up in court and your case will be dismissed.

Answer 4

Is that a question or a statement?

Actually, a warrant is not needed to search a car. Because of it's mobility a car is an exception to the warrant rule, the Officer just needs probable cause to search the car.

If you get out and lock the door and refuse to open it, two things may (and probably will) happen.
1.) You would be charged with obstruction
2.) Your car is going to need a new window

Answer 5

There is obviously a lot of misinformed people here. KV C below is absolutely correct. If police have probable cause to search your car, then locking it is a very bad idea. Police can forcibly enter your car. I, to make sure that all evidence would be protected in court, would have the car impounded, get that search warrant that you wanted, and use a blow torch to remove the doors. But they can forcibly enter it without a warrant if they can articulate probable cause.

To auditor4. Failure to submit to a field sobriety test is grounds alone to arrest. Since this is partially what the officer uses to determine probable cause, a refusal translates into failure of all tests and thereby is used as probable cause itself. Before you give someone here really bad advise that may cause them to be arrested and convicted of a crime, you may want to learn what your talking about.

Answer 6

your logic is serioudly flawed my friend. You only have thge right to remain silent when you are arrested. A routine traffic stop is not an arrest.

Secondly, a warrant to search a vehicle is not required if the driver of the vehicle gives his/her consent.

Additionally, if you ask a police officer for a warrant then you can be assured that you will be detained until a warrant is provided.

Answer 7

Your absolutely correct. In addition, if you are pulled over for drunken driving, you do not have to perform a field sobriety test...you know, walk the line, point to your nose with your finger, etc. That is ONLY used to back up the officer's report for probable cause. You do have to submit to a breath test, be it blood, saliva, etc., but that is it. You are also allowed to take your own test afterward, at your own expense.

However, if you are absolutely positive that you have nothing and no one left anything in your car, and the policeman believes that you are hiding something, he doesn't have to simply let you go. He can call for a police dog to "sniff" your car to try and get probable cause that way. If the dog "hits" on your car, it will be impounded till a search warrant can be obtained. If not, you will probably be given a ticket for whatever reason you were stopped in the first place.

Answer 8

Batting an eyelash and showing some cleavage might help if you're a chick! J/K

I am just adding to the sobriety laws. Here in NJ refusal to give a breathalizer test will get your license taken away for 6 months anyways (it might be a year it's been a long time since i took driver's ed). So you might as well take the test and pray you pass.

Answer 9

Yea, and then when your family members stops breathing, or your house is on fire and that same Police Officer who gets their first arrives, maybe he should wait for a warrant to enter your home then too huh?? This is why Police have to be defensive because people like you have something to hide or a chip on your shoulder. You don't have kids do you? Hope not for their sake, and the Police Officers.

Answer 10

Yeah you can refuse to tell them your name but then they can arrest you and detain you until they figure out who you are and if you have any warrents out for your arrest etc... And if you refuse to let them search your car, they can bring in a k-9 unit to sniff. They smell anything, that is probable cause and they can search it anyway. If they don't smell anything, they can still get a warrent and will search it anyway.

So why bother "exercising" your rights when it won't get you anywhere? I'm not saying not to exercise your rights, I just think in this type of situtation, it is waste of the police officer's time and your time.