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  1. #1
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    Feb 2010
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    Default Refusing to Answer Police Questions

    What's the best way to refuse to answer probing questions from a cop? I'm not speaking of anything you may be legally required to answer..ie; your name ect.... but any vague OR possibly incriminating question; "Where are you going?", "What are you doing here?" "You come here often?" What's the appropriate way to refuse any question of this sort, without being in jeopardy of being arrested for obstruction of justice? or disorderly conduct? (For refusing to answer questions of this nature)

  2. #2
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    Default Re: Refuse to Answer Questions in Florida

    Politely ask them if you are being investigated or are a suspect in an investigation. If so, and if this is formal questioning, you should bee allowed to fall back on the 5th and 6th amendments.

    If you are not on probation/parole, let them know that and therefore unless you are a suspect in a formal investigation, you would like to dismiss yourself and wish them a good day.

  3. #3
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    Default Re: Refuse to Answer Questions in Florida

    Quote Quoting sam o nela
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    Politely ask them if you are being investigated or are a suspect in an investigation. If so, and if this is formal questioning, you should bee allowed to fall back on the 5th and 6th amendments.

    If you are not on probation/parole, let them know that and therefore unless you are a suspect in a formal investigation, you would like to dismiss yourself and wish them a good day.
    I was wondering, say in a traffic stop situation, you provide all the pertinent info, and then the cop starts asking questions like I mentioned, what would be the most non-confrontational way to refuse to answer vague and probing questions? and too, if your stopped for a traffic violation, speeding or whatever, couldn't the cop say "yes, I'm conducting an investigation?" and by your refusal to answer, you're obstucting or being disorderly?

  4. #4
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    Default Re: Refuse to Answer Questions in Florida

    "I plead the 5th."

    That should work.

    Your right not to incriminate yourself is not dependent on whether or not you are being formally investigated, you can invoke it at any time. You cannot be arrested for "obstruction" or "disorderly" anything for refusing to incriminate yourself (though that won't necessarily stop the officer from threatening as such) and you don't have to explain why you're invoking that right.

    The only way you can be forced to incriminate yourself is if you are testifying under oath in a formal court proceeding and are granted immunity from prosecution. If there is any way your words can be used against you in court (which they can, that's why it's on the Miranda card), you have the right not to answer.

  5. #5
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    Default Re: Refuse to Answer Questions in Florida

    Thanks TA, although it's never happened to me personally(thankfully) you see it all the time on cops shows and reality shows, the cop starts asking probing questions like; where are you going? what are you doing around this neighborhood if you live in "X" neighborhood? or do you know how fast you where going? (as for a question like this, any answer you give will be the wrong answer)

  6. #6
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    Default Re: Refuse to Answer Questions in Florida

    A cop a lot of times will ask you a question to lead you in admiting guilt. Sometimes it's best to just honestly answer going out of your way to plead the 5th or whatever,can turn something basic in to a hassle.

  7. #7
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    Default Re: Refuse to Answer Questions in Florida

    Quote Quoting tc498
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    A cop a lot of times will ask you a question to lead you in admiting guilt. Sometimes it's best to just honestly answer going out of your way to plead the 5th or whatever,can turn something basic in to a hassle.

    Hypothetically, you stopped for a traffic infraction, 5mph over, or whatever, you surrender all the necessary paperwork,you've clearly identified yourself, cop starts asking questions, you refuse to answer, cop arrests you for "Disorderly Conduct", in the pen you go, you bail out and it's get to court, judge throws it out, or you win the case(you weren't being disorderly by refusing to answer probing phishing questions) Query: you were arrested,printed and photo'd, SO you're in the Sytem, but if you win in court, can you have all records of your arrest(pic's,prints..etc) removed? or does your 'info" stay in the system forever?

  8. #8
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    Default Re: Refuse to Answer Questions in Florida

    Quote Quoting NCC 1701
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    Hypothetically, you stopped for a traffic infraction, 5mph over, or whatever, you surrender all the necessary paperwork,you've clearly identified yourself, cop starts asking questions, you refuse to answer, cop arrests you for "Disorderly Conduct", in the pen you go, you bail out and it's get to court, judge throws it out, or you win the case(you weren't being disorderly by refusing to answer probing phishing questions) Query: you were arrested,printed and photo'd, SO you're in the Sytem, but if you win in court, can you have all records of your arrest(pic's,prints..etc) removed? or does your 'info" stay in the system forever?
    It depends on the law so your state. In CA if no charges are filed you can petition to have the record expunged. Likewise, you can petition for a finding of factual innocence and have a court order the destruction of the records.
    A Nor Cal Cop Sergeant

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    And a croissant!"


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