5 ms·

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

by krasin 5y ago

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
        Just because there's notably wacky people doing this doesn't invalidate the suggestion. Part of a real problem with police is that they often have no idea what the limits are. If everyone had the same standard script, police would get away with much less, and the good ones would learn how far they and their colleagues can take a stop. Holding them to account is a civic responsibility. Record everything and know your rights, and never talk to the police if you're stopped. It will never help you or anyone else.
    - CamperBob2 5y ago
      I've wondered about that. In the context of a police interview, either after being arrested or when you're fairly certain the officer intends to arrest you, the statements "I'd like to speak to an attorney" and "I'd like to speak to my attorney" convey very different things. The second phrasing says: I have ready access to professional counsel. If you choose to continue with this confrontation, you're the one who's asking for legal trouble. On the other hand, the first one says: I don't know any attorneys, and certainly haven't engaged one. I'm unprepared and scared. I can haz public defender? Seems like you're always better off trying to bluff.
  - jaywalk 5y ago
    Some people do, sure. Most don't. Your state bar will almost certainly have a referral service that you'd want to take advantage of in that case.
  - inetsee 5y ago
    I subscribe to a legal service. It costs about $20 a month, and provides me access to an attorney. The service provides phone numbers that are accessible 24 hours a day. The service provides a certain number of hours of legal services and the number of hours accumulates over time if you don't use it. It's like an insurance plan, but it provides access to an attorney.
Sebb767 5y ago
In theory. In practice, refusing to cooperate can initiate a lengthy process of them asking you why and using that for probable cause to do further searches or even arrest you. You may be right in the end, but you'll have a few bad days plus be out of quite a bit of money. That's why this is quite effective against people who really think they don't have anything to hide.

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

by 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
        Just because there's notably wacky people doing this doesn't invalidate the suggestion. Part of a real problem with police is that they often have no idea what the limits are. If everyone had the same standard script, police would get away with much less, and the good ones would learn how far they and their colleagues can take a stop. Holding them to account is a civic responsibility. Record everything and know your rights, and never talk to the police if you're stopped. It will never help you or anyone else.
  - CamperBob2 5y ago
    I've wondered about that. In the context of a police interview, either after being arrested or when you're fairly certain the officer intends to arrest you, the statements "I'd like to speak to an attorney" and "I'd like to speak to my attorney" convey very different things. The second phrasing says: I have ready access to professional counsel. If you choose to continue with this confrontation, you're the one who's asking for legal trouble. On the other hand, the first one says: I don't know any attorneys, and certainly haven't engaged one. I'm unprepared and scared. I can haz public defender? Seems like you're always better off trying to bluff.
- jaywalk 5y ago
  Some people do, sure. Most don't. Your state bar will almost certainly have a referral service that you'd want to take advantage of in that case.
- inetsee 5y ago
  I subscribe to a legal service. It costs about $20 a month, and provides me access to an attorney. The service provides phone numbers that are accessible 24 hours a day. The service provides a certain number of hours of legal services and the number of hours accumulates over time if you don't use it. It's like an insurance plan, but it provides access to an attorney.

Sebb767 5y ago

In theory. In practice, refusing to cooperate can initiate a lengthy process of them asking you why and using that for probable cause to do further searches or even arrest you. You may be right in the end, but you'll have a few bad days plus be out of quite a bit of money. That's why this is quite effective against people who really think they don't have anything to hide.