Talking to cops

[Seanr]

i fail, but yea, fuck the police

[jmc]

I remember it from a bunch of constitutional law classes, but a quick wiki of terry v. ohio says the Supreme Court majority opinion disagrees with you.



Although I could be remembering things wrong, or maybe the phrase "terry stop" has been broadened in scope in some areas.

Majority of the time you see a officer perform a "terry stop" he/she has reasonable doubt that the individual detained has committed a crime, or will soon be commuting a crime. It could be from a officer witnessing a crime, or a 911 call with the individual stopped fitting the description of a "suspect". With the reasonable doubt the stopped individual has a weapon or possibly used a weapon in a crime, he/she can be pat/frisked by the officer (not fully searched, as no arrest is being made as of yet). During the pat down any type of weapon, or illegal substance the officer can identify can be used to charge the stopped individual with a arrest. From there, a legal search can be committed per arrest.

What the ohio court was trying to say, was more along the lines that a officer needs to have good reasonable doubt of a crime that took place or is about to take place that will harm members of the community. In order to legally detain, and "frisk" a suspect before any arrest without violating his/her constitutional rights.

[ZarakiKujata]

Lovin it'.

Bunk's lie detector from S5, or Bunk/McNulty getting D'Angelo to write a letter to the victim's family are kind of good for this too.

[SwampdonkeyPLD]

Woozie: a subpoena is only an issue at the trial phase. Your friend can be compelled to testify at trial, but not to cops. You always have the right to not speak to cops.

And a terry stop is a lot of things and can be done for numerous reasons. You're both right, and looking at that one case won't lay it out for you. The main thing about a terry stop though is just that criminal activity is afoot.

[Talus]

I think the key phrase is that the officer has to have, "a reasonable articulable suspicion that criminal activity is afoot." (this is for traffic stops)

[Nephlite]

Just remember a "Terry Stop" and a "Terry Frisk" are two different actions. They aren't synonymous as the "Terry Stop" is an investigatory stop based on reasonable suspicion that a crime has or is being committed. A "Terry Frisk" is based off reasonable suspicion that the subject has a weapon. It can be preformed during a "Terry Stop" but only if the officer believes he has a weapon. An officer can stop a subject and not "Terry Frisk" if they don't believe they have a weapon (it happens so often, people think they're one in the same but most of the time, people will say frisk just because it makes you safer). It can't be used to find contraband unless it's based off plain feel or say the officer witnesses a drug transaction and sees the subject place the contraband in his right pants pocket.

I saw those video's and I gotta say for those of you who are taking what they're saying literally, you're asking for a lot of headache. Those guys are rich and famous people who have publicity and a huge battalion of lawyers to back them up if their rights are violated. The average joe on the street isn't afforded the same protection after all is said and done. What these guys are talking about is basically getting revenge after the fact. They probably messed with some cops somewhere after they were stopped, got arrested/detained/cuffed etc. and are butthurt after it was all over just because they didn't want to answer some silly questions. Just do everyone a favor and just be polite, answer questions as best you can and if you don't want to say something, just say "I don't know." These guys in the video's are just going to get people in trouble.

[aurik]

If you're compelled to testify at trial you can often demand immunity for your testimony, or else you get to assert your fifth amendment rights. You have the right not to give testimony against yourself. As you don't know for sure that anything you say won't be used as testimony against you, without a guarantee of immunity you have the right not to say anything.

Note that cops are absolutely allowed to lie to you. Say nothing, assert your right to legal representation, and refuse all search requests.

[rog]

These guys in the video's are just going to get people in trouble.

Staying silent will get you in trouble? lolwut? It may potentially be a hassle, but it won't get you in trouble. In fact, it can do just the opposite.

[Murdock]

hmm

[Byrthnoth]

Staying silent will get you in trouble? lolwut? It may potentially be a hassle, but it won't get you in trouble. In fact, it can do just the opposite.

Wellllllll.... take Tyche's road stop example. If he was dick-ish about it and said, "Sorry office, I plead the fifth" he'd probably have gotten 30 tickets instead of 3. If I was a cop, I'd hate that shit.

[Stiker]

Wellllllll.... take Tyche's road stop example. If he was dick-ish about it and said, "Sorry office, I plead the fifth" he'd probably have gotten 30 tickets instead of 3. If I was a cop, I'd hate that shit.

A traffic stop and being brought in for an "interview" are two totally different things.

[rog]

If he was dick-ish about it

No fucking shit?

You can politely refuse to answer a question.

[Byrthnoth]

No fucking shit?

You can politely refuse to answer a question.

Politely refuse to answer this without just bypassing the answer part and going into excuses:
"Hello son... do you know how fast you were going?"

[rog]

Politely refuse to answer this without just bypassing the answer part and going into excuses:
"Hello son... do you know how fast you were going?"

Hello officer, how are you today?

[Byrthnoth]

Hello officer, how are you today?

That's the best you can do? What kind of third grade intellect do you think you're dealing with here?

[aurik]

If you're being pulled over for speeding and you aren't prepared to get a ticket maybe you shouldn't have been speeding in the first place, asshole.

Just ignore his questions, ask him why he pulled you over, accept your ticket and be on your way.


<Officer> Hello son... do you know how fast you were going?
<You> Can I help you with something today, officer?
<Officer> Do you know how fast you were going?
<You> How can I help you today?

etc.

[SwampdonkeyPLD]

I think the key phrase is that the officer has to have, "a reasonable articulable suspicion that criminal activity is afoot." (this is for traffic stops)

All stops, not just traffic stops.

Edit: Most traffic stops are based on probable cause. Once a traffic violation occurs you've technically broken the law which gives the officer probable cause to stop you, a higher standard than "reasonable suspicion".

An example of "reasonable suspicion" would be, for example, at 2 a.m. on a Saturday night a light turns green and the car doesn't move for 5 minutes. A cop would have "RS" that you're drunk.

[rog]

<Officer> Hello son... do you know how fast you were going?
<You> Can I help you with something today, officer?
<Officer> Do you know how fast you were going?
<You> How can I help you today?

etc.

This. He won't keep asking all day. If you don't answer after he asks once or twice, he's probably not going to demand an answer for such an unimportant question.

[Byrthnoth]

But it's banter that's irrelevant to the charge. It doesn't make a bit of difference whether or not you realize you're speeding. If he has you on radar over the speed limit, your only defense is some "radar guns aren't calibrated often enough" bullshit. It's not like you're going to successfully pull out a mens rea defense in traffic court.

Being a jackass and not playing along with his script doesn't get you anywhere and just pisses him off.

[rog]

Right better confess to the crime then.