Test is confused. The 4th amendment has nothing to do with arrests and even less to do with traffic stops. You are not actually required to answer any of the questions above. Refusing to do so could be considered suspicious, but in and of itself would not be probable cause for anything they did not already have cause for.
2007-12-03 11:36:05
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answer #1
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answered by STEVEN F 7
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When you are stopped for a traffic violation you are technically under arrest according to the 4th admendment and are not allowed the leave the scene until the officer has conducted a complete investigation and allowed you to leave. Since you are under arrest you have the same rights as if you had been placed in hand cuffs and taken to jail. You will have to identify yourself, but other than that you do not have to answer the officer's questions. Any officer worth the badge he puts on his chest will become suspicous of you and want to know what you are up to. This can lead to some very negative consequences for you. Because you are technically under arrest the officer has the option to place you in hand cuffs and take you to the police station like any other criminal (in my state, you must be traveling at least 5mph over the speed limit). When he does this he has the right to do what is called an inventory search of your vehicle. This allows the officer to "inventory" the contents of your vehicle so that when the vehicle is impounded, you cant accuse the officer or the tow company of stealing objects from your car. Also anything illegal found in the vehicle will be admissable in court. It is much simpler to politely answer all of the officer's questions truthfully.
2007-12-03 11:16:17
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answer #2
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answered by Test 3
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you've the first change that facilitates you to communicate your concepts (so long because it would not impression the rights of others). counting on your community regulations, if the officer is investigating a criminal offense and also you're in contact or do not want to incriminate your self you "plead the fifth". actually you're telling the officer that any advice you provide him on the problem of the crime might want to incriminate your self and that you gained't attempt this. In some circumstances you're required by ability of regulation to furnish the officer your advice. On a site visitors end, when you're occupied with a criminal offense etc. you do not ought to respond to questions, although the officer has the right to carry close your data. this is a user-friendly false impression, frequently by ability of faculty students that imagine they comprehend better than they do, that the officer has to envision you your rights before chatting with you or asking you questions. although, the in basic terms time that applies is when you're lower than arrest on the time of questioning. i imagine the questions boils right down to the answer of, if you're a criminal, linked with a criminal offense or basically often hate the police and want to get in worry (obstructing an study), plead the fifth. if you're a in contact, probability free man or woman that would not concepts the police, do your civic duty.
2016-10-25 09:39:14
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answer #3
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answered by Anonymous
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You don't have to, but its highly encouraged. Cops often judge your attitude, if its poor you will probably get a ticket. The best policy, in my experience, is to be honest about what you did (if its a minor traffic violation, if you killed your grandmother and she's in the trunk, I wouldn't say anything). Most cops are appreciative of honesty, and might let you go with a warning.
Some times the questions are part of the investigation, say a DUI investigation. The officer is trying to determine if you are drunk or not. By not answering the questions, it limits his abillity to determine whether or not you are okay to drive, and you will probably be arrested because he/she has to error on the side of public safety. Lastely, if you are involved in a crime, your attitude and answers will be read to a jury, and you will not look good. My advice, be courtious and respectful, most cops record their contact with you using video and audio.
2007-12-03 11:57:26
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answer #4
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answered by JR 4
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Usually resistance, of any type, is met with escalation on the officers behalf. See, he has stopped you because he is suspicious of something, not because he is lonely. You can, by constitutional right, refuse to answer any questions. That will, however make him more suspicious and probably want to investigate further because a reasonable, law abiding citizen doing nothing wrong would cooperate. Those with a record, warrants or something to hide, usually get uppity. My advice is to always cooperate when you have done nothing wrong, especially with such basic questions. The alternative is to break his chops and in that case, he will break your back, as you found out!
2007-12-03 11:09:32
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answer #5
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answered by Anonymous
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You don't have to. We ask those questions to see if you're up to some criminal activity. Nervous, slow, jumbled answers make us think you're in that area to do something you shouldn't be doing.
We could honestly give a damn about the answers.
2007-12-03 12:17:49
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answer #6
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answered by California Street Cop 6
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You have to postively ID yourself, but you don't have to answer the questions you list.
2007-12-03 10:52:58
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answer #7
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answered by lpdhcdh 6
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they are harmless questions. if you have something to hide, it'll be found out. just tell him. no harm in it. but no, you don't have to answer them.
2007-12-03 10:54:10
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answer #8
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answered by Anonymous
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yeah !they are basic questions but they are a PAIN IN THE ***!
2007-12-03 11:32:13
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answer #9
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answered by nascar_hottie07 2
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when captured by the local branch of the gestapo .only give them name rank and number
2007-12-03 11:57:40
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answer #10
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answered by hugeboner1 1
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