4 ms·

"Everything you tweet can and will be used against you" I do wonder what they would do if I refused to give them said info. Is it resisting arrest if I refuse

"Everything you tweet can and will be used against you" I do wonder what they would do if I refused to give them said info. Is it resisting arrest if I refuse to answer such idiotic queries?

kleiba 5y ago
What if you told them you don't have any social media accounts?
- olliej 5y ago
  Never say anything to the police.
  - GoodDreams 5y ago
    A law professor explaining why you should never say anything to the police: https://youtu.be/d-7o9xYp7eE https://youtu.be/d-7o9xYp7eE
  - tux3 5y ago
    This cannot be repeated often enough. Here is the seminal talk I'd recommend most people watch: https://www.youtube.com/watch?v=d-7o9xYp7eE https://www.youtube.com/watch?v=d-7o9xYp7eE
  - deleted 5y ago
    [deleted]
  - function_seven 5y ago
    Sibling comments have the canonical video, but there's also this short one: https://www.youtube.com/watch?v=T_0i6EzWLT8 https://www.youtube.com/watch?v=T_0i6EzWLT8
- advisedwang 5y ago
  Lying to a police officer could get you in trouble: * If driving, this violates CA Vehicle code s31: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=31 https://leginfo.legislature.ca.gov/faces/codes_displaySectio... * If arrested, this might violate CA penal code 148.9: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=148.9 https://leginfo.legislature.ca.gov/faces/codes_displaySectio... * This might also be argued as more general obstruction: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=148 https://leginfo.legislature.ca.gov/faces/codes_displaySectio.... Better to just keep quiet
  - AnimalMuppet 5y ago
    But I actually don't (unless you count HN).
    - carnitine 5y ago
      Then this obviously doesn’t apply?
    - bilbo0s 5y ago
      They would count HN if they wanted to get you for obstruction or lying to a police officer. I think that's the material point. Just better to not say anything and let them discover that your social media is HN on their own. That's the only course of action guaranteed to generate no more trouble than you may already be in. Even keeping quiet may not help if the police want to use that against you. Or they could out and out lie. No guarantees really I guess. Just try to be in a place with officers possessing some degree of professionalism I suppose. Then keeping quiet helps.
  - rootusrootus 5y ago
    > Lying to a police officer could get you in trouble That does not seem on point with the original question. You can lie to a [non-federal] police officer about almost anything with impunity, except your identity. That is specifically what CA 148.9 refers to. > Better to just keep quiet That is for sure the best answer. Any information, truthful or not, can and will be used against you by the police. The best option is to give them nothing at all. But it is situational. Asserting your right to remain silent during a routine traffic stop where nothing indicates the cop is fishing for something unrelated is more likely to make things worse rather than better.
    - jaywalk 5y ago
      > Asserting your right to remain silent during a routine traffic stop where nothing indicates the cop is fishing for something unrelated is more likely to make things worse rather than better. Even though you'll always get some absolutists arguing against it, this is the proper advice. Admitting to what I've done has gotten me out of multiple traffic tickets.
- artificialLimbs 5y ago
  You should never volunteer information to police. Ever. https://www.youtube.com/watch?v=xIZz0vF2KPo https://www.youtube.com/watch?v=xIZz0vF2KPo
  - deleted 5y ago
    [deleted]
krasin 5y ago
From what I understand, "taking the fifth" is always an option.
- imglorp 5y ago
  "I respectfully decline to answer questions or consent to searches, and request to speak to my attorney."
  - gruez 5y ago
    >and request to speak to my attorney Do people actually have an defense attorney on retainer? Even if they do, it seems like a pretty effective resource exhaustion attack. The cop gets paid for his time, whereas you have to pay $300/hr to have your lawyer around.
    - tptacek 5y ago
      No. The words to use here are "an attorney", not "my attorney", and it matters mostly after you're arrested, not when you're on the street (on the street, you just say "I'd rather not answer that, sorry").
      - artificialLimbs 5y ago
        The words to use are "Am I being detained, or am I free to go?" If being detained, the words to use are "Of what crime am I suspected?"
        DaiPlusPlus 5y ago
        > The words to use are "Am I being detained, or am I free to go? Only if you want to appear in a compilation video of libertarian/sov-cit meltdowns on YouTube.
        robbedpeter 5y ago
tptacek 5y ago
Is it resisting arrest if I refuse to answer such idiotic queries? No, it is not.
ohdannyboy 5y ago
Yes and no. Laws on when you must identify yourself to officers varies wildly from state to state but social media isn't a part of that. Lawfully refusing will usually be enough, but there are cops who don't care and will arrest you for obstruction (watch YT channels like Audit the Audit, it happens all the time). It looks like this article is about LAPD cops adding this to information they ask for, just like they ask where you're going or if they can look around the car. Just assert your 5th amendment rights and decline to answer questions. That being said, if you ever end up in court your social media activity is pretty much always discoverable. This is different from an officer demanding it during a traffic stop but still important. It is all accessible.

"Everything you tweet can and will be used against you" I do wonder what they would do if I refused to give them said info. Is it resisting arrest if I refuse to answer such idiotic queries?

kleiba 5y ago

What if you told them you don't have any social media accounts?

olliej 5y ago
Never say anything to the police.
- GoodDreams 5y ago
  A law professor explaining why you should never say anything to the police: https://youtu.be/d-7o9xYp7eE https://youtu.be/d-7o9xYp7eE
- tux3 5y ago
  This cannot be repeated often enough. Here is the seminal talk I'd recommend most people watch: https://www.youtube.com/watch?v=d-7o9xYp7eE https://www.youtube.com/watch?v=d-7o9xYp7eE
- deleted 5y ago
  [deleted]
- function_seven 5y ago
  Sibling comments have the canonical video, but there's also this short one: https://www.youtube.com/watch?v=T_0i6EzWLT8 https://www.youtube.com/watch?v=T_0i6EzWLT8
advisedwang 5y ago
Lying to a police officer could get you in trouble: * If driving, this violates CA Vehicle code s31: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=31 https://leginfo.legislature.ca.gov/faces/codes_displaySectio... * If arrested, this might violate CA penal code 148.9: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=148.9 https://leginfo.legislature.ca.gov/faces/codes_displaySectio... * This might also be argued as more general obstruction: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=PEN&sectionNum=148 https://leginfo.legislature.ca.gov/faces/codes_displaySectio.... Better to just keep quiet
- AnimalMuppet 5y ago
  But I actually don't (unless you count HN).
  - carnitine 5y ago
    Then this obviously doesn’t apply?
  - bilbo0s 5y ago
    They would count HN if they wanted to get you for obstruction or lying to a police officer. I think that's the material point. Just better to not say anything and let them discover that your social media is HN on their own. That's the only course of action guaranteed to generate no more trouble than you may already be in. Even keeping quiet may not help if the police want to use that against you. Or they could out and out lie. No guarantees really I guess. Just try to be in a place with officers possessing some degree of professionalism I suppose. Then keeping quiet helps.
- rootusrootus 5y ago
  > Lying to a police officer could get you in trouble That does not seem on point with the original question. You can lie to a [non-federal] police officer about almost anything with impunity, except your identity. That is specifically what CA 148.9 refers to. > Better to just keep quiet That is for sure the best answer. Any information, truthful or not, can and will be used against you by the police. The best option is to give them nothing at all. But it is situational. Asserting your right to remain silent during a routine traffic stop where nothing indicates the cop is fishing for something unrelated is more likely to make things worse rather than better.
  - jaywalk 5y ago
    > Asserting your right to remain silent during a routine traffic stop where nothing indicates the cop is fishing for something unrelated is more likely to make things worse rather than better. Even though you'll always get some absolutists arguing against it, this is the proper advice. Admitting to what I've done has gotten me out of multiple traffic tickets.
artificialLimbs 5y ago
You should never volunteer information to police. Ever. https://www.youtube.com/watch?v=xIZz0vF2KPo https://www.youtube.com/watch?v=xIZz0vF2KPo
- deleted 5y ago
  [deleted]

krasin 5y ago

From what I understand, "taking the fifth" is always an option.

imglorp 5y ago
"I respectfully decline to answer questions or consent to searches, and request to speak to my attorney."
- gruez 5y ago
  >and request to speak to my attorney Do people actually have an defense attorney on retainer? Even if they do, it seems like a pretty effective resource exhaustion attack. The cop gets paid for his time, whereas you have to pay $300/hr to have your lawyer around.
  - tptacek 5y ago
    No. The words to use here are "an attorney", not "my attorney", and it matters mostly after you're arrested, not when you're on the street (on the street, you just say "I'd rather not answer that, sorry").
    - artificialLimbs 5y ago
      The words to use are "Am I being detained, or am I free to go?" If being detained, the words to use are "Of what crime am I suspected?"
      - DaiPlusPlus 5y ago
        > The words to use are "Am I being detained, or am I free to go? Only if you want to appear in a compilation video of libertarian/sov-cit meltdowns on YouTube.
        robbedpeter 5y ago

tptacek 5y ago

Is it resisting arrest if I refuse to answer such idiotic queries? No, it is not.

ohdannyboy 5y ago

Yes and no. Laws on when you must identify yourself to officers varies wildly from state to state but social media isn't a part of that. Lawfully refusing will usually be enough, but there are cops who don't care and will arrest you for obstruction (watch YT channels like Audit the Audit, it happens all the time). It looks like this article is about LAPD cops adding this to information they ask for, just like they ask where you're going or if they can look around the car. Just assert your 5th amendment rights and decline to answer questions. That being said, if you ever end up in court your social media activity is pretty much always discoverable. This is different from an officer demanding it during a traffic stop but still important. It is all accessible.