Whenever someone is arrested on TV, they always get read their Miranda warning. However, do I have similar rights before I’m arrested.
Just suppose #1: I’m an architecture student and I’m taking pictures of the Brooklyn Bridge. If a policeman asks me, “What are you doing?”, can I just ignore him?
Just suppose #2: For whatever reason a policeman asks me to identify myself. Maybe he asks who I am or he asks to see some ID. Can I just turn and walk away?
Remember that the phrase “right to remain silent” means that you have a fifth amendment right to not self-incriminate. It doesn’t actually mean you have a right not to use our vocal cords.
There are instances where people are legally obligated to speak up, such as under oath in a court room, when carrying a concealed weapon and approached by law enforcement, when a mandated reporter learns of child abuse/neglect, and others.
So no, not always.
I assume your questions assumes that this situation is happening in the United States of America.
That’s TV. In real life, a Miranda warning applies at time of a custodial interrogation (interrogation where you are not free to leave) which can happen quite a bit of time after the arrest.
Know Your Rights when encountering law enforcement from the American Civil Liberties Union
You do not have to answer any questions. However, in some states, you must provide your name if stopped and asked by a police officer. If you’re driving, you can be required to show your driver’s license, registration and proof of insurance.
Depends what you mean by “ignore him.” You aren’t legally required to tell him what you were doing. But if he asks you to stop, and you refuse to stop, you may be inviting trouble.
I believe you have to verbally identify yourself. You are not legally required to present identification; if you think about it, this makes sense, since (with some exceptions) you are not legally required to have ID with you at all times (one exception is resident aliens, who are required to carry their green card with them at all times).
Having said that, you probably don’t want to give a cop a hard time simply because you think you can; he may give you a hard time right back, even if he exceeds his legal authority (intentionally or unintentionally) to do so. In the end, you may find yourself paying a high price for asserting your rights.
Case in point: officer asks person to identify himself, person verbally ID’s himself. Officer asks for ID, person politely refuses, and is subsequently arrested for that refusal. Person accrues several thousand dollars in legal bills before the charges are dropped and the arrest expunged.
Not saying you should never stand up for your rights; merely that you should be aware there may be unpleasant consequences for it, and you should make an informed decision.
But, oftentimes police will Mirandize as soon as possible so if you start blabbing in the back of the police car, that confession is not in any sort of legal gray area. Of course, if all the facts related to the crime are in evidence without the need for any conversation (e.g. the cop saw you do it) the case can be made without an interrogation and the cops don’t need to Mirandize you at all.
Also, if you get an immunity deal, your right to silence ends. Your right to remain silent is really your right to not self-incriminate, coupled with the fact that depending on the circumstances of the crime, of which you may know nothing at the time of arrest, any statement might be self-incriminating. But if you have immunity, the connection between not self-incriminating and staying silent is broken.
If things go well, you should not be convicted of a crime simply because you refuse to speak (although there is no guarantee that a jury, in spite of the judge’s instructions, will not construe your silence as evidence of guilt).
But everything that goes before that, including arrest, incarceration with a bunch of people whose company you will probably not find pleasant, and trial, possibly with high legal expenses, is pretty much at the discretion of the various people involved in those processes.
So, I would cheerfully show the cops my ID. I would not show them the dead hooker in my trunk, even though I had a perfectly reasonable explanation for how she got there.
Yes, you can be required by law to identify yourself if asked by a law enforcement officer. In my state there is no such law, but there is one in New York.
Otherwise, if you’re not being detained, then you’re free to go and can walk away without having said anything. But I agree with the earlier posts - ignoring the officer completely and walking away immediately is a bad idea, even though in a technical sense you are allowed to if he doesn’t have reasonable suspicion that you’re involved in something criminal. This is because 1. you don’t know if he has reasonable suspicion, and he might, and 2. even an illegal arrest is still an arrest, and you don’t want to get arrested. Always better, if you really don’t have anything to say to him, to calmly say “Am I free to go?” and calmly go when he says yes. If he says no, then you’re both aware that this has ratcheted up from chitchat to legal detention, and it’s silence time. And if it gets to the point where you’re being legally detained, you’re better off having not tried to bolt at the beginning of the encounter.
Keep in mind that if you say anything incorrect to the police in the course of their inquiries, they may charge you with obstruction of justice.
Ignoring the police and walking away (trying to get away?) when asked a polite question may be construed as acting suspiciously, which may give them ground to detain you.
There’s no way to prove that you were just walking away, rather than hurrying away, looking nervous and possibly concealing your face or something you had underneath your shirt, or whatever, so it may be construed that way, but for what it’s worth, just walking away isn’t enough for reasonable suspicion.
There’s a distinction between “headlong flight” - suspicious - and refusing/declining to cooperate - not suspicious. So technically, at least, the police aren’t allowed to construe walking away as giving rise to a reasonable suspicion, in a case where you simply see them coming and leave the area without any additional reason for them to suspect you.
IANAL, but I’m pretty sure you can be charged with obstructing justice under certain circumstances for not speaking.
Say you witness a guy running down the street carrying a purse, and you see him duck into an alley. A few seconds later you see a cop running down the same street. The cop stops and asks you, “Did you see a guy running by here and carrying a purse? If so, which way did he go?” I believe in a situation like this, you are required by law to tell the cop what you saw.
Sure, you can do either of these things, but realize that they both fall into the category of “acting like a dick.”
And when you act like a dick to a cop, there’s a better-than-even chance that things will not turn out well for you. Even if you’re within your legal rights, what would you be trying to accomplish here?
Or in other words, follow Cartman’s rule of police.
They will violate your rights at any point they feel you are challenging their Authoritah! And unless you’ve got someone with a camera and a direct link to youtube, you will always lose.
Hell, even then you might lose, depending on who get for a judge.
Cite for that claim? :dubious:
Or, in other words, be polite and civil to somebody asking you a simple question, cop or not.
I really don’t get this “All Cops Are Evil” attitude.
Generally speaking, it is best to interact politely but firmly with police if you haven’t done anything wrong. If they ask for your name, give it to them, If they ask to see your ID, let them see it and answer the most basic of questions only. If you feel they are getting too nosy, you can always politely ask if you are free to go. At that point they must either detain you, arrest you, or let you go. There is no reason to be a jerk.
I was stopped while back taking a walk when visiting my Brother-in-law for the holidays. A neighbor called in to report a stranger coming out of the garage and walking around the neighborhood. The cop hailed me over, checked my ID, asked me a few questions and l politely responded. We even made a bit of small talk while he fiddled around. He obviously KNEW by this point that I was telling the truth since when he asked where i was staying I told him the same street my BIL’s home was on. I was asked for the address, and I couldn’t remember it, but I told him the approximate position of the home, the street, and the name of the homeowner. He seemed disinclined to believe that I’d like to just go for a walk with snow in the ground. I told him I since I have a hat and coat, no, I’m not cold. He got the message. When I got back we all had a laugh about it, but if I had been a dick, it could have gone badly.
Generally speaking, random people on the street cannot beat me up, imprison me, and file bogus charges against me for having the temerity of standing up for my rights - even if that might be perceived as being “impolite”.
Now I’m not saying that all cops will beat you for looking at them funny, hell just browse through YouTube to see examples of police officers who keep calm, and remain polite even in the front of truly infuriating behavior.
But many will. And there’s no way to know which type of cop you’re dealing with, until it’s too late.
As to whence the “all police officers are evil” meme?
Are you serious? You really have problems figuring out where that kind of sentiment can come from?
Could it be the numerous violations of authority by police officers around the country? We have cops beating people to death, while more cops sit around watching, and yet more cops try to cover it up, and that’s before DA’s and judges get in on the fun.
I do remember, many years ago in Toronto, a cop going up to some very hippie-grubby-type at the door to a coffeeshop (those were the days) and asking him something. The guy obviously knew the drill, asked “am I under arrest?” The policemen said “No,” and the guy said “I’m not talking to you” just turned and walked away. This was done in full view of a half-dozen strangers. The cop let him go, did not react negatively. OTOH - If the only people who see what happens and know what was said are you and the cop… well, if one or both of you want to be dicks, the cop can be dickier and you will regret it. Disrespect, just like respect, should be earned.
@Arnold Winkelried: thanks for the link. Very informative.
Reading the pamphlet raises some questions about search warrants: On every iteration of Law & Order, the LEOs push their way into the home or office, waving the search warrant and then start right in on the search. On Cops, the LEOs always yell out “Search Warrant!” then batter the door down. Will LEOs really slip a search warrant under the door upon being asked by the person served? Will LEOs actually wait while the “servee” reads the search warrant? Wouldn’t they be concerned about evidence being destroyed while they wait for the servee to read the warrant?
A friend of mine has been a cop for twenty years. He is looking for other/related work. He claims that a solid majority of his coworkers are dirty and he can’t take it anymore.
Well put.
I guess my point is that if a cop asks, “Hey whatcha doin’ there?” in a non-threatening manner and does not appear angry or upset, what’s wrong with just answering “I’m taking some pictures of the bridge for an architecture class”? You might have a legal right not to answer, but IMO that’s simply being a dick, and will probably make even a good cop start wondering what you’re trying to hide. So what’s the point?