181–190 of 246 posts
Earlier quoted context omitted.
That would definitely be surprising for most Americans. Many of us (like my wife) never carry id unless they plan on driving.
... or entering a bar, or buying alcohol, or purchasing allergy medicine
this again? it is good advice sometimes, but also good advice if you want a long ride to the station because you refused to identify yourself and give information.
what if you get into an accident, should you still give the police details?
Earlier quoted context omitted.
> This is clear cut. Sort of. So you're pulled over for a brake light that's out. Then, they start asking "Where are you coming from?", "Why are you here?", "Do you live near here? (when they already have your address)", "If you're coming from that far, why don't you have luggage?" etc. I guess you can try to give as terse an answer as possible without coming across as rude? Saying nothing is your right, but they hav…
I think the standard cop questions, "Do you know how fast you were going?" and "do you know why I stopped you?" are also invitations for you to incriminate yourself. A polite "No idea, officer" is your answer. Edit: to you guys claiming that's lying to an officer and you have to know your speed, I can only say show us the proof that that's ever happened. I don't think that would ever come up in court, if you happened…
That can also be used against you since you're admitting that you were not paying attention to your speed. It also means you lose the ability to claim that any speed the officer says you were traveling at is wrong, since you, by your own admission, wouldn't know any better.
"You tell me" might be a better answer.
Earlier quoted context omitted.
> Everything you say can potentially bite you in the ass later. Even if they didn't read you your Miranda rights before? My knowledge of legal affairs comes only from movies, but I got the impression that things you say before they read you Miranda can't be used against you. Are all the movies wrong?
They do not need to read you your Miranda rights to question you, no. They only read you your rights if you are being detained. But they are free to use anything you say before or after if for some reason you wind up in court. Here’s a corroborating source: https://www.lawinfo.com/resources/criminal-defense/when-must... Movies are often really wrong about lots of things in the criminal justice system.
Hopefully I will never need to put my newly acquired knowledge to a test.
Earlier quoted context omitted.
> This is clear cut. Sort of. So you're pulled over for a brake light that's out. Then, they start asking "Where are you coming from?", "Why are you here?", "Do you live near here? (when they already have your address)", "If you're coming from that far, why don't you have luggage?" etc. I guess you can try to give as terse an answer as possible without coming across as rude? Saying nothing is your right, but they hav…
I think the standard cop questions, "Do you know how fast you were going?" and "do you know why I stopped you?" are also invitations for you to incriminate yourself. A polite "No idea, officer" is your answer. Edit: to you guys claiming that's lying to an officer and you have to know your speed, I can only say show us the proof that that's ever happened. I don't think that would ever come up in court, if you happened…
Earlier quoted context omitted.
... or entering a bar, or buying alcohol, or purchasing allergy medicine
What kind of allergy medicine requires ID? I only know of pseudo-epinephrine (not to be confused with the as-strong-as-homeopathics phenylephrine), which is cold medicine.
Earlier quoted context omitted.
The real answer is that there is no actual way to win. You are at their mercy and it is really 100% up to what they choose to do.
While it is true that you are physically at their mercy, provided you survive your encounter with the police (not by any means a guarantee in this country), you CANNOT be incriminated in a court of law for invoking your right to remain silent. You CAN be incriminated in a court of law for literally anything else you say. The winning move is clearly not to give them any more ammunition than they already have.
Earlier quoted context omitted.
While it is true that you are physically at their mercy, provided you survive your encounter with the police (not by any means a guarantee in this country), you CANNOT be incriminated in a court of law for invoking your right to remain silent. You CAN be incriminated in a court of law for literally anything else you say. The winning move is clearly not to give them any more ammunition than they already have.
That WAS true, until Scalia et al eviscerated the protections of the 5th Amendment if you invoke it after you start talking. Then (according to the majority opinion of the Court), your subsequent invocation of the 5th Amendment CAN be used as evidence against you.