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IANAL but these two don't go together: > Forgot to add - the only correct answer to a police officer asking questions is "I do not answer any questions without

by runako 3y ago

IANAL but these two don't go together: > Forgot to add - the only correct answer to a police officer asking questions is "I do not answer any questions without my attorney present". > once they give you back your license, you are free to go The pickle is that once you exercise your rights as indicated in the first part, the second part is unlikely to happen. You are correct that you don't have to answer questions, but it is also possible that you will just be taken into custody to properly adjudicate the interaction at the station. In some circumstances, this can be beneficial for you. > Don't be bullied - just drive off. This gets people killed. If the police want to bully you, you don't have a lot of options. Driving off from the police is a great way to get shot through your window. We have rights, but those rights are enforced in courts and generally not at police stops.

JohnFen 3y ago
> We have rights, but those rights are enforced in courts but generally not at police stops. This. Common advice is that you should never argue with the cop, you argue with the judge instead.
tomohawk 3y ago
Saying that you will not answer questions w/o a lawyer present is not a reason for them to hold you. They can of course break the law and use that to detain you and if they do that you should not resist. If you answer the cop's idle questions about drugs or weapons in the car, then you are inviting the cop to analyze your answer and use it as an excuse to get inside of your car or arrest you, and inviting more problems. Refusal to answer the question and asserting your right is not a suspicious action, and they are legally required to stop asking your such idle questions at that point. Once you are handed your license back, the stop is over. Your detention is over at that point and you are free to go. Driving off is not arguing with the police - it's going about your business. If you consent to stay after the stop is over while they bring a dog, then you are basically consenting to a search of your car.
- runako 3y ago
  All of your answers are correct, in a court of law. A traffic stop is not a court of law. Task #1 at a traffic stop is to make it home in one piece. > Refusal to answer the question and asserting your right is not a suspicious action, and they are legally required to stop asking your such idle questions at that point. This is...not how traffic stops work. For all intents, it is safer to assume the police office stopping you knows little or nothing about the law, civil rights, or the Constitution. > They can of course break the law and use that to detain you and if they do that you should not resist. > Once you are handed your license back, the stop is over...Driving off is not arguing with the police - it's going about your business. These are potentially at odds, for example. If the officer doesn't know/believe/understand that handing your license back constituted the end of the stop, in his mind you have just fled a crime scene. In his mind, you have escalated and given him a reason to use force. You (or your heirs) may prevail in court that he was "wrong," but on the day of the stop the officer can make that much-later victory Pyrrhic.
- deleted 3y ago
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by runako 3y ago

JohnFen 3y ago

> We have rights, but those rights are enforced in courts but generally not at police stops. This. Common advice is that you should never argue with the cop, you argue with the judge instead.

tomohawk 3y ago

Saying that you will not answer questions w/o a lawyer present is not a reason for them to hold you. They can of course break the law and use that to detain you and if they do that you should not resist. If you answer the cop's idle questions about drugs or weapons in the car, then you are inviting the cop to analyze your answer and use it as an excuse to get inside of your car or arrest you, and inviting more problems. Refusal to answer the question and asserting your right is not a suspicious action, and they are legally required to stop asking your such idle questions at that point. Once you are handed your license back, the stop is over. Your detention is over at that point and you are free to go. Driving off is not arguing with the police - it's going about your business. If you consent to stay after the stop is over while they bring a dog, then you are basically consenting to a search of your car.

runako 3y ago
All of your answers are correct, in a court of law. A traffic stop is not a court of law. Task #1 at a traffic stop is to make it home in one piece. > Refusal to answer the question and asserting your right is not a suspicious action, and they are legally required to stop asking your such idle questions at that point. This is...not how traffic stops work. For all intents, it is safer to assume the police office stopping you knows little or nothing about the law, civil rights, or the Constitution. > They can of course break the law and use that to detain you and if they do that you should not resist. > Once you are handed your license back, the stop is over...Driving off is not arguing with the police - it's going about your business. These are potentially at odds, for example. If the officer doesn't know/believe/understand that handing your license back constituted the end of the stop, in his mind you have just fled a crime scene. In his mind, you have escalated and given him a reason to use force. You (or your heirs) may prevail in court that he was "wrong," but on the day of the stop the officer can make that much-later victory Pyrrhic.
deleted 3y ago
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