Talking to the Police

**NCC 1701** · 09-23-2010, 02:26 PM

The police are investigating a felony case, they knock on your door and want to ask you a few questions "downtown"; are you obligated at all to go with them? If you say: "I have nothing to say" can they still detain and handcuff you and take you down town for an interview? ..... also even with a subpeana, and you continued to say "I have nothing to say", could they charge you with obstruction? or some other charge they could find?

jk · 09-23-2010, 02:38 PM

Just like when dealing with drugs:

just say NO!!

**NCC 1701** · 09-23-2010, 03:01 PM

Quoting jk

Just like when dealing with drugs:

just say NO!!

thanks jk, but I got that part OK...lol I'm wondering "if" LE can detain you to interview you? and if you continue to say: "nothing", can they arrest you for obstruction?

jk · 09-23-2010, 03:13 PM

=NCC 1701;459397]thanks jk, but I got that part OK...lol I'm wondering "if" LE can detain you to interview you?

not just because they want to. Unless you are detained, you can walk away. They must have legal justification to detain you.

and if you continue to say: "nothing", can they arrest you for obstruction?

can they arrest you? Sure. Is it a valid arrest? no. Unless you actively frustrate their investigation, you are not obstructing.

Lying is obstructing. Silence isn't.

**cdwjava** · 09-23-2010, 05:11 PM

Quoting NCC 1701

The police are investigating a felony case, they knock on your door and want to ask you a few questions "downtown"; are you obligated at all to go with them?

Only if you choose to. They can only force you to go with them if they arrest you.

If you say: "I have nothing to say" can they still detain and handcuff you and take you down town for an interview? ..... also even with a subpeana, and you continued to say "I have nothing to say", could they charge you with obstruction? or some other charge they could find?

They can try to charge you with something, and depending on the circumstances there might be a scenario where your refusal to cooperate could result in criminal charges. But, unless arrested, they cannot drag you downtown simply on a detention.

**BOR** · 09-24-2010, 09:06 AM

There is NO such thing in the United States as such phrases would be, "you are under arrest for questioning", "We are taking you in for questioning/investigative detention". Probable cause is needed.

Dunaway sealed the Constitutional door left open in Morales, 1969.

http://supreme.justia.com/us/442/200/case.html

Carl, remember the "Pocket Warrant" case in Kaup about 2002!! No dice!!