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  1. #1

    Default Rights and Procedure During Police-Citizen Encounters

    My question involves police conduct in the State of Massachusetts.

    I am trying to learn about my rights during police-citizen encounters. I understand this is a lot, s please answer as much as you can briefly.

    1) What (generally) are the types of police-citizen encounters and what information / documentation am I legally obligated to provide during each type of encounter?

    2) If I assert my right to remain silent, assert my right to counsel, and ask "am I free to go":

    A) Does this always stop questioning?

    B) How long can I be held during each type of encounter?

    C) Can the presentation of anxiety or panic in myself be used to continue to hold me or continue questioning after I have asserted my rights?

    3) Are there any situations where my right to remain silent and my right to counsel will not be upheld during a police encounter (such as at a highway checkpoint or if I am approached by an officer as a witness to a crime)? Under the law, can asserting my rights in these situations make me look suspicious?

    4) If I want to refute / appeal a vehicle moving violation, is there anything I should do or say during the traffic stop encounter with the officer?

    5) Am I ever obligated to allow a police officer to search myself, my vehicle, or my home without a warrant?

    6) What types of stress inducing psychological tactics are the police allowed to engage in and where is the line that they cannot cross?

    Thank you

  2. #2
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    Default Re: Rights and Procedure During Police-Citizen Encounters

    Quote Quoting anonymous441
    View Post
    What (generally) are the types of police-citizen encounters and what information / documentation am I legally obligated to provide during each type of encounter?
    There are millions of ways you could theoretically encounter a police officer. Read this.
    Quote Quoting anonymous441
    If I assert my right to remain silent, assert my right to counsel, and ask "am I free to go":....
    What might happen next will depend on the facts.
    Quote Quoting anonymous441
    Are there any situations where my right to remain silent and my right to counsel will not be upheld during a police encounter (such as at a highway checkpoint or if I am approached by an officer as a witness to a crime)? Under the law, can asserting my rights in these situations make me look suspicious?
    It depends upon the circumstances and what you mean by "my right to remain silent and my right to counsel". Few states, for example, allow you a right to counsel before administering a breath test based upon probable cause of impaired driving.
    Quote Quoting anonymous441
    If I want to refute / appeal a vehicle moving violation, is there anything I should do or say during the traffic stop encounter with the officer?
    That will depend upon the exact facts of the exact situation.
    Quote Quoting anonymous441
    Am I ever obligated to allow a police officer to search myself, my vehicle, or my home without a warrant?
    Yes. Again, it will depend on the facts.
    Quote Quoting anonymous441
    What types of stress inducing psychological tactics are the police allowed to engage in and where is the line that they cannot cross?
    They can use any legal tactic; they cannot torture you. The rest depends on the facts.

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