Can cops do this?

No you dont have to answer his questions thanks to the 5th ammendment

Just ask him if you are being arrested, if he says no then tell him you are leaving and you dont want to talk to him

 

Long, but pertinent...

http://video.google.com/videoplay?docid=8520847761350501823

 

Or try this video...

http://z5films.com/videos/AssKicked.wmv

 

No, you don't have to answer the questions. But when you get pulled over you are technically "under arrest". You are not allowed to leave until you are given permission.

Capone was driving around in a car with expired plates. It was in his best interest to cooperate and be on his way. He could chose to start to mouth off and get arrested. <------ Not in his best interest. I have been there done that. Not worth it. I had expired registration and inspection one time when I was younger. I decided I was going to be "Mr. I Know the law" and not answer questions and smart off. I quickly found myself being arrested, and in the back of the patrol car on my way to the police station while my car was impounded.

Just answer the questions..

 

I think its more precise to say he was being detained which is different from arrest.

Problem is once the Cop has you for any stupid little thing he can search your car if you give him permission which would be dumb or he can make you wait & get a warrant or he can make you wait for a K-9 dog sniff your car

 

NO

 

Of course not. I'd suggest restraining your (well, at least mine) instinct to call him a pig, and just tell him you have no interest in answering his questions.

 

Sure cops can do that. If you choose to keep your lips sealed then you'd be turning a no hassle situation into something more difficult for everyone involved which is no fun. Just give him some answers and be on your way, that's not so hard is it? You're not a criminal (I assume heh) so try not to give them any reason to suspect you might be one. If you just sit there all tight-lipped or tell him you don't feel like answering what do you seriously, honestly think an officer is going to do? I guarantee he's not going to let you run off with an apology for wasting your time. Do you want to sit there longer while he waits for a warrant? Hell no, no one does. In all actuality it raises suspicion, but why even raise suspicion when you've done nothing wrong in the first place? It's a huge slap in the face of common sense. If your past steroids case is raising suspicion there's nothing you can do about that so just move on with life. If it makes you feel like you're a criminal who cares, just write some random junk on the card and be on your merry way. Yet some folks will still tell you to play Curbside Johnny Cochran with a stack of Fifth Amendment cards in the glovebox and get all self-righteous with every chance that presents itself.

All for a guy who's done nothing wrong, is not under arrest and is not on trial for anything. Yea, that's REAL good advice there fellers. hahahaha whoaaa heeheeheehee ::snort:: haha

 

Technically on a traffic stop your ARE under arrest, ever read the ticket line where it say Signature of Arrested/ee? As for the questions, you only have to answer if you want. As for a K-9 or warrant, they'll say anything to get you to give consent to search(which would be legal since you had posession of the vehicle). They'll say things like "Well if you don't give me consent to search, then I can just go get a warrant so you won't have a choice." Tell him fine, he may get a warrant. but, remember that the warrant of course would have to be based on probable cause and there is a limitation to the amount of time a officer can "hold" you for. Situations dictate what would be a considerable/reasonable amount of time too...Don't give the consent whether or not you're guilty. Many people get intimidated by police, so officers will play that card many times. In the academy, I had many instructors who ran across police officers like this, that acted all high and mighty until they were asked about their probable cause or circumstances regarding the search? Then they totally flipped to being nice when they figured out they were trying to "bully" a cop. Don't get me wrong, if they smell what they believe to be marijuana, then you don't have a choice....so quit smoking, lol....I'm always nothing but courteous to a cop when I get pulled over or just see them somewhere, but I won't tolerate them pushing on me. I won't quote case law to them, but I will object to anything that could be a civil violation or that I feel is too intrusive if I know it's wrong.

 

At any time prior to their issue of a ticket/citation, you aren't under arrest. Also, up until such an issuance, you can certainly leave so long as you inform the sworn officer that you are doing so. Of course, at that point they can either let you go, or properly arrest you

 

at the time of pulling you over, then he should have already had a tickable offense or the amount of probable cause to pull you over(DWI suspicion, etc). If the officer is issuing a citation and you decide to leave without signing, then you'll be placed under arrest(Failure to sign promise to appear). The direction I was writing from was in the instance of a officer isuuing a citation. There is a little more to it of course than just driving off if he has no offense or reason....

 

So your advice is to just abandon the Constitutional rights that so many Americans died in the Revolutionary war to obtain for us ?

You have rights in this country, if you decide to waive them thats your own decision but then the Cops can really skrew with you bcus if you excercise your 5th ammd right not to talk to them they cant use anything against you in court. If you blabber away they can use anything you say against you

I refuse to help Cops in their case against me. I also refuse to abandon my COnstitutional rights to some flat foot

 

LOLOL..

 

"Feel free to run a check for a warrant or arrest me and do an inventory of my vehicle, but I assure you, it won't be worth your time or mine."

 

Hmm...that's a fine summary. I just like to babble and will continue to do so.

No, that's not my advice at all. My advice is to utilize your rights when circumstances deem it absolutely necessary and not to be some defiant prick when it's unneccessary. But I applaud your effort nonetheless.

 

Awesome. Thanks for that. Now I just have to find the equivalent laws in Australia.

 

And, from what I've found, THERE ARE NONE.

It seems Australia has no Bill of Rights in the constitution like the US and Canada which protects people against unreasonable search & siezure and self-incrimination.

 

i thought "Can cops do this?" was gonna be a thread like "can they lick their elbow" or something

 

This isn't the Australia forum.

 

That blows, too bad, Aus seems like a very cool place

 

most people can go for years without doing something to attract police attention

not me : http://www.ferrarichat.com/forum/showthread.php?t=93677

 

My thoughts exactly. I took an informal survey around my office here asking the question "If you got pulled over and the officer asked to search your car, what would your answer be?" and pretty much everyone said "Sure, I'd say yes, i have nothing to hide". It's amazing how many people are willing to just abandon their rights on a whim, just because a police office asked them to. I think constitutional law should be a requirement in high school, so people actually have a clue what their rights are. "No officer, I do not consent to a search".

 

Here is the text of the 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.

It did not sound like the officer was asking him to implicate himself in a crime, just asking him questions. Let's face it, he was breaking the law by riding around with expired tags...as crappy a charge as it sounds, he was breaching that law...so the police had every right to pull him over in the first place. Second you don't know what was chattering over their radio, maybe there was a suspect on the loose who fit his description.

If the officer wanted to search the car I would probably tell them to get a warrant, however I would be happy to answer any of their questions.

 

I would get an attorney and have your record cleared from the books so you don't go through this again, if you were convicted for a felony you would then need to register anywhere you live I believe.