If a police officer questions you in the street, do you have to respond?

Question

If they want to take you down to the station, do you HAVE to go? ( in NY)

Answer 1

You got some very bad answers to this question.

First of all, ask the police officer if you are being detained or are under arrest. If he says no, tell him you do not desire to talk to him and that you are leaving. You never have to talk to or remain with a police officer who is attempting a voluntary contact with you. You are not obligated to show identification or identify yourself in this circumstance either.

If the officer tells you that you are being detained or that you are under arrest, you do not have to answer any questions. You should tell the officer that you will not answer any question and want an attorney. Now, your jurisdiction may have a law that requires a suspect to identify himself if he is being detained or is under arrest. In this circumstance, you can be prosecuted for failing to identify yourself if the officer is really legally justified for detaining you or arresting you. (There is no US Supreme Court decision that says you must identify yourself when asked. What that case said is that if the officer has detained or arrested a suspect and the jurisdiciton--in this case it was Nevada--has a statute that says a suspect must identify himself when under legal detention or arrest, the the suspect can be prosecuted under that statute if he does not identify himself.)

You never have to cooperate with the police and you can never be taken to the police station if you are not under arrest. If being detained, the case law allows the police to move you somewhat, such as to a more quiet or well lit place. However, if the police take you to the police station for questioning, it is an arrest and not a detention--the case law is definite about that!

Someone put on the link for flexyourrights.org. That is a great website, and I would recommend everyone to look at that website and the videos on it.

Answer 2

1

Answer 3

A US Supreme Court decision a few years ago declared that you do have to give your correct name and address to a police officer if asked. (I disagree with the decision, but that's what they said.) Other than that, you have a 5th ammendment right against self incrimination. Since you have no idea what they're looking for and you know that police often lie to get the answers they want, your best bet is to not answer any questions: you don't know what would be incriminating.

Still, if you refuse to answer you'll be threatened, asked "if you don't have anything to hide, why don't you answer us", etc. Your best bet is to repeatedly ask "Am I under arrest or am I being detained? If not, am I free to go?" until they let you go. If they've got enough to arrest you on they wouldn't be fishing for a reason.

Answer 4

Lets put it this way...if you're not guilty of anything why not? Is it an inconvience? Sure. However...would you rest easier knowing that if you were considered a suspect you could end everything right then and there or would you prefer to become part of something based upon what someone else may have falsely accused you of. Why get arrested in the longrun and go through the hassles of court when you're clean to begin with?
Besides...threatening a police officer with a lawsuit is no threat. As long as they can justify their actions and its considered reasonable and prudent...you're out of luck. of course...you still end up having to pay for the attorney's fees. they're the only ones who make out...win or lose.

Answer 5

You have to cooperate to a certain extent otherwise they can cite you for resisting arrest. Ask them if you are "being detained" or if you are "under arrest." If they say yes to either, you can't just walk away until they make it clear that you are free to go. If they insist that you be brought down to the station, you'd better go, but you don't have to say anything, even if they try to bully you into it (and they will).

You do not have to say anything incriminating about yourself. You have the right to speak with an attorney if you think any of the questions they ask you could lead to an arrest or trial.

It's good to know your rights. Cops know that many people don't know the rules, and they take advantage of that by using psychological tricks to make citizens forfeit their rights.

Answer 6

They can take you downtown, but you don't have to say anything. You have a right to protect yourself against self incrimination. That is your 5th amendment right. They can only hold you in the police station without charging you for 24 hours, after that you can sue the police and the city for unlawful detention.
hope this helps

Answer 7

You do not have to respond to a police officer's questions ( other than providing proof of identification ). If a police officer wants to take you to the police station, I would ask if I have to go and if they say yes, I would go. You still do not have to talk to them. By going through this you are being uncooperative so they may keep you as long as they can or you may raise suspicions as to what you are up to........I find it best to obey the laws and do as an officer asks.

Answer 8

NO

NO

THE RIGHT TO REMAIN SILENT AND THE RIGHT TO KNOW WHAT YOU ARE BEING CHARGED WITH CAN BE ASKED OF THE OFFICER.

TAKEN INTO CUSTODY. WHEN AN OFFICER STOPS YOU FROM MOVING ABOUT FREELY, THIS IS IMPEDING YOUR RIGHT. AT THIS POINT YOU ARE DETAINED BY THAT OFFICER. IF THE OFFICER HAS NO PROBABLE CAUSE TO ARREST YOU THEN S/HE HAS CAUSED A FALSE ARREST BY DETAINMENT WITHOUT CAUSE THAT IS JUSTIFIABLE.

THE AREA OF THE 4TH AMENDMENT, 5TH AMENDMENT AND 14TH AMENDMENTS ALL HINGE UPON A CUSTODIAL ARREST. IT HAS FOR A DECADE BEEN A CONTROVERSY ABOUT WHAT AND WHEN A CUSTODIAL ARREST TAKES PLACE?

SOME ARGUE THAT WHEN YOU ARE STOPPED OR DETAINED THE CUSTODIAL ARREST AND QUESTIONING UNDER THE MIRANDA WARNINGS CAN BE INVOKED.

OTHERS SAY CUSTODY DOES NOT START TILL WARNED OF YOUR RIGHTS AND HANDCUFFED.

ANOTHER SAYS THAT CUSTODIAL CUSTODY IS WHEN A DETECTIVE AT THE PRECINCT TALKS TO YOU.

CURRENT VIEWS TEND TO LEAN TO THE DETAINING FACTOR AND FREEDOM TO MOVE ABOUT OF YOUR OWN FREE WILL WITHOUT ANY HARASSMENT UNLESS JUSTIFIABLE?

THERE ARE MANY CASES TO SUPPORT THESE VIEW POINTS AND CAN BE LISTED IF SO DESIRED.

Answer 9

First off your '5th amendment right' is only when being arrested. A simple line of questioning does not allow your use of the 5th amendment. (see Miranda vs. Arizona) You simply can refuse to comply with the questions, however depending on the nature of the crime being investagated or whatever- you can be charged with several different crimes, uselly misdemenors.

Your 5th amendment right only becomes effective AFTER you have been Mirandized- however, anything said BEFORE you are read Miranda could be questioned in court, the sad part is once you have said it the odds of you accepting a plea are very great and you admitted to it without Miranda, as you were still free to leave. :P

Answer 10

If they arrest you, you have to go. But you have the right to not answer a single question. If you don't want to talk, you can just say you want a lawyer present. They have the right to arrest and detain you for a certain length of time, without charging you. Or if they charge you, then you have to post bail. But at no time do you have to say one word without a lawyer present and advising you.