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  1. #1
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    Nov 2007
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    Default Refusing To Answer Police Questions

    i know that after you are read miranda you can refuse to answer questions, but if you are stopped for anything and just asked questions, can you also refuse to answer and say you want an attorney before you answer?or can you just say i am not answereing any questions. if you just give your name and address, could you be charged with hindering an investigation? the reason i ask is on the cops show, it seems so many talk theirselves right into jail. if they wouldnt have said ANYTHING they might have not been arrested. they actually help themselves get arrested.a common question is where are you coming from,or going?

  2. #2

    Default Re: Refuse To Answer

    You can refuse to answer. The problem is that can lead to a much more intensive investigation. A good example is the typical traffic stop. You can be arrested and taken to jail for even a minor traffic ticket. The most well known case is the elderly lady in Texas for a seat belt violation. I advise answering any general questions but never admit to anything. Don't lie and don't smart off. Once they read you your rights keep your mouth shut and hire an attorney.

  3. #3
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    Default Re: Refusing To Answer Police Questions

    one of the reasons an officer will ask questions is to try to make an initial investigation of DUI or under the influence of drugs. Slurred speach and particular actions can be related to either of those 2 items. this would cause the officer to investigate further.

    They may ask questions that have nothing to do with the stop and are seemingly irrelevent. it is merely to get you to talk.

    While being resistant or elusive is also looked at as a possible clue to things as well.

  4. #4
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    Default Re: Refuse To Answer

    Note that there are circumstances where pre-Miranda silence can be used against you in court. For example, thinking of something that happens on TV shows all the time, the police barge in as you're standing over a body with a bloody knife in hand. An innocent person would be expected to declare something along the lines if, "It wasn't me," or "It's not what it looks like." Choosing to remain silent where an innocent person would speak out can suggest guilt.

  5. #5
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    Default Re: Refusing To Answer Police Questions

    i do understand co operation is the best, if you have nothing to hide. one case i was curious about is where a lady was stopped for something minor like a burned out light or something, he then asked where she was coming from, she said she just left a pawn shop where she sold a drill. this raised cops suspicions and he asked to look in her trunk, where she had stolen property, if she would have avoided saying pawn shop and just said out for a drive, would that have been wrong legally especially if he happened to see her leave the pawn shop,(which was not mentioned in the show if he did) then in another situation a beligerent lady was also stopped for speeding and asked where she was coming from, she replied none of your business just give me the ticket. she was able to drive away with a ticket and the first lady was obviously arrested, so to me the first lady helped herself go to jail.

  6. #6
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    Default Re: Refusing To Answer Police Questions

    the first lady had every legal right to refuse the search of her trunk. What actually got her into trouble was not that she consented but the fact she was doing something illegal though.

  7. #7
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    Default Re: Refusing To Answer Police Questions

    you are right, she was definitely doing something wrong, and the cops probably have a 6th sense about those things when they pull someone over. but i guess i answered myself when i gave the two cases. she didnt HAVE to tell him she just came from a pawn shop(which i think started the red flag) she could have also said none of your business just give me the ticket.refused to have car searched and drove away. so thanks for all of the help. i gather it is best to answer general questions, but when things start to go south, lawyer up, as they say

  8. #8
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    Aug 2007
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    Default Re: Refusing To Answer Police Questions

    Quote Quoting junker
    View Post
    i know that after you are read miranda you can refuse to answer questions, but if you are stopped for anything and just asked questions, can you also refuse to answer and say you want an attorney before you answer?or can you just say i am not answereing any questions.

    Even before Miranda you can refuse to answer any non relevant questions.

    Also, if you are on foot and stopped, general "on scene" questioning is not generally considered custodial in nature fro purposes of Mirandizing a detainee.

    The roadside questioning of a detained motorist is also NOT custodial for Miranda purposes.




    if you just give your name and address, could you be charged with hindering an investigation?

    NO! Simply politely tell the officer you do not wish to answer any questions that are not related to the original purpose of the stop.

    If you are driving of course you must provide an ID, i.e. a driver's license. If you are a pedestrian, you are only required to give your name/ID under certain circumstances when asked to by an officer.



    the reason i ask is on the cops show, it seems so many talk theirselves right into jail. if they wouldnt have said ANYTHING they might have not been arrested. they actually help themselves get arrested.a common question is where are you coming from,or going?
    I watch cops also and yes, some do talk themselves in the pokey.

  9. #9
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    Oct 2005
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    California
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    Default Re: Refusing To Answer Police Questions

    I have constantly been amazed at how talkative the bad guys are on the "Cops" TV show....especially after they already know they're heading for the 'clink'. As a cop friend of mine once said, "If criminals were smart, we wouldn't catch very many of them".

  10. #10
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    Nov 2007
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    127

    Default Re: Do You Have to Tell the Police Your Name

    i asked a very similar question here quite a while back, do you HAVE to answer questions from a cop, without a attorney, i was told NO, technically you dont, but obviously its going to raise more red flags, and he will likely try to pursue more aggesivelly. also the right for them to ask for id, is separate from your right to not carry id.

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