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What if the police officer does not answer your "am I under arrest" or "am I free to go" questions?

by cynix 13y ago

warmwaffles 13y ago
You need to reiterate it until you elicit an answer
- cynix 13y ago
  Are they legally required to give you an answer? If not, this could go on for hours, and if their intention was to restrict your movement then they've already succeeded.
  - hga 13y ago
    Who knows, but if they claim their refusal to say "Yes" to the question "Am I free to leave" actually means you were free to leave, I kind of doubt they'll get very far. And the safety exceptions won't be in effect after a few minutes of such obfuscatory questioning. For that matter, I suspect most will realize that they aren't going to get anywhere with someone who's knowledgeable and disciplined enough to only say "Am I free to leave?", and will move on for easier prey. Spending "hours" in such a game isn't going to generate the arrest statistics they need, they'd only make that sort of investment if it was a really serious felony. (Unless of course their reward was an internal one of successful harassment ... and this sounds very tedious.)
  - passwdispasswd 13y ago
    Depending on the facts they already have the right to detain you for 24 hours, or if federal agencies, kidnap you indefinitely. So why do you care so much about an answer to a question that has no power before the force of these people? Just be quiet and hope they leave you alone.
    - hga 13y ago
      You care because "just stop talking altogether" and staring dumbly at the cop doesn't end the confrontation, unless he then leaves (and if you've tried for a while to get a definitive answer, you might as well quit asking for a while). If you get his OK, then he's not detaining you and you can leave.
- hga 13y ago
  Exactly. Elsewhere in this sub-thread we discuss it, and I point out a refusal to say "Yes" to the question "Am I free to leave" is a No, you very clearly can't leave until you get a Yes.
- passwdispasswd 13y ago
  Or just stop talking altogether. You have the right to remain silent, remember?

What if the police officer does not answer your "am I under arrest" or "am I free to go" questions?

by cynix 13y ago

What if the police officer does not answer your "am I under arrest" or "am I free to go" questions?

warmwaffles 13y ago

You need to reiterate it until you elicit an answer

cynix 13y ago
Are they legally required to give you an answer? If not, this could go on for hours, and if their intention was to restrict your movement then they've already succeeded.
- hga 13y ago
  Who knows, but if they claim their refusal to say "Yes" to the question "Am I free to leave" actually means you were free to leave, I kind of doubt they'll get very far. And the safety exceptions won't be in effect after a few minutes of such obfuscatory questioning. For that matter, I suspect most will realize that they aren't going to get anywhere with someone who's knowledgeable and disciplined enough to only say "Am I free to leave?", and will move on for easier prey. Spending "hours" in such a game isn't going to generate the arrest statistics they need, they'd only make that sort of investment if it was a really serious felony. (Unless of course their reward was an internal one of successful harassment ... and this sounds very tedious.)
- passwdispasswd 13y ago
  Depending on the facts they already have the right to detain you for 24 hours, or if federal agencies, kidnap you indefinitely. So why do you care so much about an answer to a question that has no power before the force of these people? Just be quiet and hope they leave you alone.
  - hga 13y ago
    You care because "just stop talking altogether" and staring dumbly at the cop doesn't end the confrontation, unless he then leaves (and if you've tried for a while to get a definitive answer, you might as well quit asking for a while). If you get his OK, then he's not detaining you and you can leave.
hga 13y ago
Exactly. Elsewhere in this sub-thread we discuss it, and I point out a refusal to say "Yes" to the question "Am I free to leave" is a No, you very clearly can't leave until you get a Yes.
passwdispasswd 13y ago
Or just stop talking altogether. You have the right to remain silent, remember?