Just for what it’s worth, here in Brazil, when it comes to
the cops, you don’t have any rights. Your GUILTY until
proven innocent, and if you don’t like it you can just
suck on the cops .38 automatic. When confronted by a cop
here, you be nice, give him/her whatever I.D. they want.
Don’t be surprised if they just decided to stop you and
search you for no reason. And don’t argue. Remember your
guilty, you just ARE. I was on a city bus once,
a woman had just been robbed and the
thieves got on the bus to make their escape, cops
stopped the bus, guns drawn, demanded all male
riders off the bus and up against the wall.
They started to search each one of us individually
as a person was “cleared” they were told to get back
on the bus and wait. They came to me, patted, felt my
wallet and pulled it out to check my I.D. also went
through my back pack. I was cleared and ordered back
on the bus. Fortunately, in this case the cops were
honest and I didn’t miss any money from my wallet
but that kind of thing is not un common, and if they
take something of yours you don’t complain.
(and yes, they eventually did come across the woman’s
wallet and cell phone) they got the crooks and the
bus was on its way. Consent to a search, don’t
answer questions, those lofty principals
just don’t exist here. Some times I really miss
the U.S.A.
Ok, Badge, how about the question of identification. If I’m walking, and a cop (with cause) askes me for ID, is it enough to just tell him my name? Most of the time when I’m out walking around town I carry only my house keys and some cash.
And as long as you’re here, why don’t the decent cops do more to weed out the buttholes (a minority, for sure) who sour people like me to the whole police force?
Peace,
mangeorge
OK, something I have naively wondered about.
Officer Friendly stops me for a traffic ticket or something. I refuse to do anything except show my licence and registration. This cheeeses Officer Friendly off, and he says, “Mind if I search the truck?” I respond, “No, you can’t.”
He searches and finds whatever I didn’t want him to find. Six months later, in court, my lawyer asks the basis for the search. Officer Friendly responds, “He consented.”
Am I SOL?
On a related note, in the book “Homicide: Life on the Street” the author describes a common scenario. People have been brought into the station, and are waiting on benches for a variety of reasons.
If they ask, “Am I under arrest?”, the standard answer was allegedly “Do you want to be?” “No.” “Then sit down.”
What would be the repercussions if they simply waited for nobody to be looking, and left?
Regards,
Shodan
Badge wrote:
Re: the first answer, how do I know whether the situation is “casual contact” or “required”? Does the officer have to tell me it’s required to answer before arresting me?
On the last question, how do I know why the officer is asking me to get out of the car? Does the officer have to articulate a reason and ask again if I decline to get out of my car, or can he simply arrest me?
Which is all the more reason not to say anything in a lot of circumstances - if the cop can actually come up with probable cause for an arrest, then that’s all the more reason to insist on a lawyer for any questioning.
NO! That’s horrible advice that can land someone in jail for a coincidence. While answering questions about something you’re not involved in (“I saw some guy running towards Elm street just a minute ago”) or explaining something that looks suspicious (“I was coming out of that house at 4 AM with a shotgun and bag because it’s my house and I’m going camping and duck hunting starting today”) are certainly good ideas, if you believe you are a suspect in an investigation, it’s time to clam up and get a lawyer. While it’s not all that common, there are certainly people who’ve done nothing wrong had to spend time in jail, spring for a court case, and possibly prove they’re innocent to get back siezed property because they said something that sounded suspicious to a cop and got had some coincidental connection to something being investigated (like a roomate with stolen property in the apartment).
I agree 100% with Riboflavin. If I know I am not engaged in an illegal activity, I will not “cooperate.” There’s no advantage for me to do so; it can only hurt me. In addition, there is no reason or me to display an I.D. under any circumstances (unless I’m driving). And I’ll sue the pants off any cop that arrests me otherwise.
For expediency sake, most people will “roll over” and do whatever the nice policeman asks of them. Not me. While I have a lot of respect for LEO, and am generally pro-law enforcement, I know my rights and will exercise them to the n[sup]th[/sup] degree…
While I do think that most of Badge’s advice is excellent, especially coming from an officer, I also agree with Riboflavin; it’s not necessarily a good idea to cooperate just because you’re not doing anything wrong. If nothing else, I don’t want to give the idea that only people who have something to hide will refuse to cooperate.
Of course, you can refuse to cooperate, but never resist.
SCOTUS has ruled that the police have an automatic right to order a driver to get out the vehicle. Pennsylvania v. Mimms, 434 U.S. 106 (1977). Passengers, too. Maryland v. Wilson, 519 U.S. 408 (1997). No explanation necessary. I suppose it’s possible that some state constitutions protect its citizens from this, but I’m not aware of any that do.
Texas statute on ID (not the only one, there are others e.g. concerning showing your drivers license while driving under the Transportation Code):
Tecas Penal Code Sec. 38.02. Failure to Identify
(a) A person commits an offense if he intentiononally refuses to give his name, residence address, or date of birth to a peace officer who has lawfully arrested the person and requested the information.
(b) A person commits an offense if he intentionally gives a false or ficticious name, residence address, or date of birth to a peace officer who has:
(1) lawfully arrested the person;
(2) lawfully detained the person; or
(3) requested the information from a person that the peace officer has good cause to believe is a witness to a criminal offense.
© Except as provided by Subsection (d), an offense under this section is a Class C misdemeanor.
(d) If it is shown on the trial of an offense under this section that the defendant was a fugitive from justice at the time of the offense, the offense is a Class B misdemeanor.
So, pravnik, I don’t have to carry ID or even identify myself to a cop in Texas under “normal” circumstances. “Normal” being just walking down the street, no cause on the part of the cop.
I get to be a mystery. Cool. 
Always be polite to cops, especially if you’re guilty as hell. I have generally followed this rule and it’s gotten me out of several traffic tickets and probably helped me beat a serious misdemeanor and a felony on one occassion.
Always call the cops officer and sir or ma’am.
If they ask to search your vehicle, make them get a search warrant. I gave permission one time a couple of years ago just so I could get to bed early and I would have been arrested had I not had the wit to swallow three-quarters of an ashtray in jig time.
Answer questions truthfully, unless the answers incriminate you. I think I got out of a speeding ticket about 4 years ago this way. The officer asked me why I was driving 74 in a 55 zone and I told him: “Well, officer, I’ve worked a 15-hour day (which was no less than the truth), I’m tired, and I want to get home.” He replied “I’ve had a hard day, too, so I’ll let you off with a warning.”
If you cannot answer questions truthfully without incriminating yourself, either lie or keep your mouth shut.
Seems like this thread has asked some good questions that should be the subject of some new threads - IMO
I would certainly enjoy details on the “new” subjects/questions.
Rick:
Yeah, I do agree that what I was told is way out of line, but the way things seem to be heading, and have been going, in Marlyand…
Got a friend that is Sgt. Detective in Washington DC. He says if the answer to can I search is no, he just leaves. But then he actually believes in the Constitution.
This is IMHO territory, but I would disagree with this advice. Calling a cop “sir” or “ma’am” only helps to inflate their ego (which is often sky-high to begin with). Sure, it might let you off the hook, but the price you pay is your own self respect.
Never overtly patronize a cop. Just talk to them like you would anyone else.
I agree with Crafter_Man in this. Unless you’re in the military, a constant flow of “sirs” seems obsequious. A sheriff’s deputy should be called ‘Deputy’, and a state police officer, 'Trooper." If you should happen to notice three stripes on his sleeve, ‘Sergeant’ is likely to be appropriate.
Address a county or city cop, or any in case of doubt, as ‘Officer’.
- Rick
I guess ol’ Badge got busy. Too bad. I was interested in his input.
Anyway, I think that what you say would depend largely on where you are and if you’re from there (a local) or not.
A friend and I drove through the south in the 60’s, and had a pretty hard time with the locals and the cops. Remember the movie Easy Rider? Like that. We returned via the northern route.
Peace,
mangeorge
When asked for ID and you’re not in a situation where it is mandatory (i.e. not driving), what happens if you answer “Why?” Or is that just asking for trouble?
Go alien - proud(?) possesor of a warrant issued by the State of California for his arrest.
This is not a bump.
You can say anything you want during an encounter.
Here’s a tip: If you’re walking along a sidewalk and a cop asked you to display an I.D., ask them to articulate their reasonable suspicion. Use those exact words. This will throw them off guard, as they’re not used to people responding in this fashion. Their next question will likely be, “Are you a lawyer?” You should respond, “My profession is not relevant. I am a peaceful, law-abiding citizen in transit. I have a right not to be harassed by anyone, including you. If you have RAS, then articulate it. Otherwise, have a nice day.”
Unless they’re a rogue cop, this should deflate their ego balloon.
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