Also IMO -
I’m not sure what the ratio of rogue cops to normals cops is, but it seems like if you’re getting pulled over often enough that it is more likely than not you’ll eventually get pulled over by a rogue cop…you might want to reexamine your driving habits.
KidScruffy:
A few things:
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I rarely get pulled over. Perhaps once every 6 years or so.
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All cops - whether good or rogue - wield extraordinary power over people when under their control.
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While they may be rare, rogue cops exist nonetheless. I have experienced a couple firsthand. If it’s not already obvious, they’ve left a long-lasting impression on me.
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A rogue cop can ruin your day. Or your life. Even if you’re innocent.
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I am very concerned about protecting myself against Bad People and Bad Things. So when I get pulled over, my primary concern is not falling victim to the entrapment techniques of a rogue cop. I am on high-alert when I get pulled over, and my actions and words are very carefully calculated to maximize self-protection.
Fair enough. Minimizing your chances of some kind of bogus charge (or worse) is understandable, especially since it sounds like cops in your area aren’t the best.
In your earlier post you mentioned “self-defense”, and I was picturing someone getting pulled over, and brandishing a hunting knife saying “Alright copper, you better read me my Miranda, or I’ll cut ya!”. 
Found that one out the hard way. I answered, “That U-turn, huh?”
The cop said, “What U-turn? I was pulling you over because your left tail light is out. Now tell me about the U-turn.”
sigh
(Just for the record, I didn’t get a ticket for the U-turn)
The Miranda decision requires us to advise a person of their basic rights (to remain silent, to speak to an attorney, to end the questioning at any time) prior to any custodial interrogation. That means that you have to be in custody (usually defined as “the functional equivalent to arrest”) and that I’m asking questions. Whether a “detention” meets that standard is a question that is decided on a case-by-case basis.
That only defines when we have to read the Miranda rights. You always have the right not to incriminate yourself. As I said before, that doesn’t extend to non-incriminating statements. So if you refuse to talk, you could be arrested for Obstructing (it would depend on the circumstances,obviously). A defense to that charge in court would be if you believed what you would have said would be incriminating.
There is no hard-and-fast rule on this. You need to decide what to do based on the situation.
Sometimes I’ll give a person a break because they were honest and admitted what they did. Other times, it’s an admission of guilt and I’ll write the ticket.
Also, if you did something completely blatant and then claim you don’t know why you were stopped, I’ll probably write you because you are either lying or you’re so oblivious that you need a wake-up.
YMMV
I don’t know. I was only once asked “Do you know why I have stopped you?” and my immediate answer was “Because you felt it was necessary” I really don’t remember how that turned out except that I didn’t get a ticket.
You may be interested in http://www.flexyourrights.org, they have an informative DVD and a lot of information on police-citizen encounters. The video can be seen at http://www.youtube.com/watch?v=3NmC5wHfCdM.
As far as I can tell, other than identifying yourself, you are under no obligation to answer the officer’s questions.
My experience shows this to be true. When I was driving a taxi, I made a right turn that a cop saw and deemed to be unsafe. He asked me if I knew why I was pulled over and, I said, yeah, that was probably not the safest turn. He didn’t give me a ticket, and just told me to be more careful.
On the other hand, I have a friend who is an attorney who deals with traffic cases (such as reckless driving and DUI). She said that once an officer has decided to make an arrest, they very, very often pad the report with as many subjective “observations” to make the case stick. She said that the more charges they could make, the more likely they’d get a plea. She characterized it as common practice for many officers. So the observed speed, the “wavering,” and every thing else is thrown in. After all, they don’t have any witnesses, besides the police, and any potential jury will tend to believe the police over someone who is accused. This leads to more plea bargains. She told me this was just an unavoidable fact of life, and one was very often better off making a plea.
The best pulled-over-by-a-cop story ever. Thalion will like this one. Allegedly true.
Anyhoo, CrafterMan, the thing is that you’re strategy has two weaknesses. First, it’s not going to stop a rogue cop. If anything, it’ll make him/her suspect you’re up to something serious, like have drugs in the car or an illegal weapon. Second, with all cops (and good ones far outnumber bad ones) you’re giving up the opportunity to persuade those like Thalion that a warning will get your attention.
Just for the record, rec.humor.funny isn’t usually the best arbiter of what’s true…
Or apparently of what’s funny either… :dubious: