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…except that answering any questions at all by the police now means that the police can accuse you of some unrelated crime and use your silence at that point ag

by jbicha 13y ago

…except that answering any questions at all by the police now means that the police can accuse you of some unrelated crime and use your silence at that point against you.

sukuriant 13y ago
This is going to be a rough one, but in the hypothetical situation provided, how?
- jlgreco 13y ago
  I am guessing the angle would be something related to why you and the baby were the only two people present if you were not the parent. If you were the parent, then I would be concerned about being blamed for somehow purposely causing the incident. Aside from the police I would be worried about the parents and any civil case they might try to bring in some misguided attempt to find someone to blame in their grief. These are probably unlikely concerns, but I can imagine them and I don't like them. If there were other people around then these issues would be mitigated... but I would also feel no pressure to talk to anyone.
  - sukuriant 13y ago
    Sadly, they're probably more likely than we give them credit for; and it's really unfortunate.
- rickhanlonii 13y ago
  Let's say that you tell the officer: "The baby ran off with the bear that way." According to this case, you have now waved your 5th amendment rights. Now let's say, instead of running after the bear, the officer asks you "where did you hide the baby?" Now, if you're smart, you would keep your mouth shut. You're innocent and anything you say can and will be used against you, in the event that the officer doesn't or refuses to believe you. But, according to this case, if you do keep your mouth shut then the officer can now offer as evidence to the court the fact that once he asked you specifically about the location of the baby, you didn't answer. The prosecutor will then, legally, stand before a jury begging the question "why didn't he just answer the question? Obviously because he is guilty." Now you're the guy last seen with a missing baby who refused to say where the baby was. You're obviously guilty. I, for one, will never speak to another on duty officer again except to the extent required by law.
  - dmishe 13y ago
    Ok, so how does that work. You're stopped on the road, what do you do? You don't just sit there in the care not saying one word right?
    - rickhanlonii 13y ago
      >except to the extent required by law. Depending on the state and situation, you are required to by law to answer certain questions. I would answer these questions and otherwise ask if I am free to go.

by jbicha 13y ago

…except that answering any questions at all by the police now means that the police can accuse you of some unrelated crime and use your silence at that point against you.

sukuriant 13y ago

This is going to be a rough one, but in the hypothetical situation provided, how?

jlgreco 13y ago
I am guessing the angle would be something related to why you and the baby were the only two people present if you were not the parent. If you were the parent, then I would be concerned about being blamed for somehow purposely causing the incident. Aside from the police I would be worried about the parents and any civil case they might try to bring in some misguided attempt to find someone to blame in their grief. These are probably unlikely concerns, but I can imagine them and I don't like them. If there were other people around then these issues would be mitigated... but I would also feel no pressure to talk to anyone.
- sukuriant 13y ago
  Sadly, they're probably more likely than we give them credit for; and it's really unfortunate.
rickhanlonii 13y ago
Let's say that you tell the officer: "The baby ran off with the bear that way." According to this case, you have now waved your 5th amendment rights. Now let's say, instead of running after the bear, the officer asks you "where did you hide the baby?" Now, if you're smart, you would keep your mouth shut. You're innocent and anything you say can and will be used against you, in the event that the officer doesn't or refuses to believe you. But, according to this case, if you do keep your mouth shut then the officer can now offer as evidence to the court the fact that once he asked you specifically about the location of the baby, you didn't answer. The prosecutor will then, legally, stand before a jury begging the question "why didn't he just answer the question? Obviously because he is guilty." Now you're the guy last seen with a missing baby who refused to say where the baby was. You're obviously guilty. I, for one, will never speak to another on duty officer again except to the extent required by law.
- dmishe 13y ago
  Ok, so how does that work. You're stopped on the road, what do you do? You don't just sit there in the care not saying one word right?
  - rickhanlonii 13y ago
    >except to the extent required by law. Depending on the state and situation, you are required to by law to answer certain questions. I would answer these questions and otherwise ask if I am free to go.