While watching Law and Order, the police were investigating Mr. X. They went to one of Mr X’s employees to ask him some questions. When the employee balked, the police said “perhaps we can continue this conversation down a the precinct station”. Under this threat, the employee began to answer the officer’s questons. Which leads to my questions:
If you are not a suspect, and the police ask you some questions, what’s their authority? What happens if I just say, “I don’t want to answer any questions” and shut the door? Can they force you to go to the precinct station? The Ramsey’s have refused to answer questions, can’t I?
Yes, you can refuse. The police can only “take you downtown” (without your consent) if they have reasonable suspicion that you have committed a crime. If you’re not the suspect, you don’t have to talk. Of course, if you ARE the suspect, you still don’t have to talk (Fifth Amendment, Miranda v. Arizona, etc.).
If you aren’t the suspect, you could be subpoenaed for a grand jury or sworn deposition, and then you would have to talk or face consequences. The suspect, however, can never be compelled to talk about anything that might incriminate him or her self.
And further, the police can be sneaky and bet on you not knowing what’s going on. It’s not uncommon for them to flat-out lie in order to get information in interrogations. Also, they may have suspected that he had his hands in some dirty business, as well.
Cops can be real assholes sometimes. I don’t really mean that in a bad way, honest. They’re dealing with scum bags on a daily basis and they’ll lean on people a little to get what they want. Combine that with people being unaware of their rights, mildly afraid of the police and they can get a lot of information that way, or fearing possible embarassment you can see why cops might use this tactic.
Not to be a nitpicker, but the standard for an arrest, or an extended seizure such as “going downtown” is probable cause. You hear the words reasonable suspicion in connection with Terry stops - a brief, minimally intrusive detention.
Probable cause is a higher standard of proof than reasonable suspicion.
