# If I give a smart ass answer to a police question, is that cause for a warrant? **URL:** \ **Category:** Miscellaneous and Personal Stuff I Must Share\ **Created:** [October 5, 2017, 5:51pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041 "2017-10-05T17:51:46Z")\ **Posts on this page:** 20\ **Page:** 2
**Author:** ![Slash1972](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/slash1972/32/6461_2.png) [@Slash1972](https://boards.straightdope.com/u/Slash1972)\ **Post date:** [October 6, 2017, 1:58pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/21 "2017-10-06T13:58:22Z")
> [@Bricker](#): > > The judge or magistrate to whom application for the warrant is made. > [@Senegoid](#): > > An “affiant” is one who affirms, or makes an affidavit. (One who affies?) When the prosecutor refers to _himself_ while talking to the judge, he calls himself “your affiant”. Great, thanks! I don’t think I’ve ever heard that phrasing used in any TV show (which is where I get all my knowledge of the legal system). ---
**Author:** ![Max\_Torque](https://avatars.discourse-cdn.com/v4/letter/m/e9bcb4/32.png) [@Max\_Torque](https://boards.straightdope.com/u/Max_Torque)\ **Post date:** [October 6, 2017, 3:10pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/22 "2017-10-06T15:10:13Z")
My very first appeal was about a guy who’d been pulled over, and while he was outside his car talking to the police officer, he was asked, “Do you have any illegal drugs?” The guy answered, “Not _on_ me.” I argued for the State (successfully) that that answer could reasonably be interpreted as, “I _do/_ have drugs, but they are not on my person,” and that it was reasonable for the officer to detain him until a drug dog could come and sniff the car. ---
**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\ **Post date:** [October 6, 2017, 3:18pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/23 "2017-10-06T15:18:49Z")
> [@Moriarty](#): > > You are correct, of course; the joke, alone, (or any observations made by the officer of the jokester) would not rise to the level of probable cause. > > But, from a practical standpoint, an officer who comes to the door to ask about illegal activity likely has already developed a hunch\*, and the joking response can be used to bolster the hunch (which you alluded to; it can “add to the determination”) to create probable cause. Never had a cop come to my house looking for anything, but when I lived in apartments, it was about once a month that a cop would come by, claiming that neighbors had reported the smell of marijuana, and asked if they could come in and look around. Being 20 and a novice, the first few times, I let them in. After that, I started getting a bit annoyed, and would refuse them. They didn’t push it, so I don’t think they had a hunch, they were just fishing. Never got an attitude about it, and don’t think I made any jokes. ---
**Author:** ![Tom\_Tildrum](https://avatars.discourse-cdn.com/v4/letter/t/e95f7d/32.png) [@Tom\_Tildrum](https://boards.straightdope.com/u/Tom_Tildrum)\ **Post date:** [October 6, 2017, 4:24pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/24 "2017-10-06T16:24:05Z")
> [@Senegoid](#): > > An “affiant” is one who affirms, or makes an affidavit. (One who affies?) When the prosecutor refers to _himself_ while talking to the judge, he calls himself “your affiant”. I don’t think this is correct. The prosecutor is not speaking under oath. The affiant here is the police officer. ---
**Author:** ![Loach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/loach/32/350_2.png) [@Loach](https://boards.straightdope.com/u/Loach)\ **Post date:** [October 6, 2017, 5:13pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/25 "2017-10-06T17:13:46Z")
> [@harmonicamoon](#): > > Exactly. The cops wrote the book. The lawyers wrote the book. The cops read it very closely. > [@Tom\_Tildrum](#): > > I don’t think this is correct. The prosecutor is not speaking under oath. The affiant here is the police officer. The affiant is the person who wrote an affidavit. In the case of a search warrant it has to be the person who found the probable cause. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [October 6, 2017, 5:32pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/26 "2017-10-06T17:32:52Z")
> [@Loach](#): > > In the case of a search warrant it has to be the person who found the probable cause. Not necessarily. Hearsay is admissible for the purposes of establishing probable cause. The affiant can present facts he was told by others for their truth. ---
**Author:** ![Machine\_Elf](https://avatars.discourse-cdn.com/v4/letter/m/82dd89/32.png) [@Machine\_Elf](https://boards.straightdope.com/u/Machine_Elf)\ **Post date:** [October 6, 2017, 6:15pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/27 "2017-10-06T18:15:50Z")
> [@Max\_Torque](#): > > My very first appeal was about a guy who’d been pulled over, and while he was outside his car talking to the police officer, he was asked, “Do you have any illegal drugs?” The guy answered, “Not _on_ me.” > > I argued for the State (successfully) that that answer could reasonably be interpreted as, “I _do/_ have drugs, but they are not on my person,” and that it was reasonable for the officer to detain him until a drug dog could come and sniff the car. A fine example of why, when one is questioned about illegal activities, one should simply reply “I’m not answering that question.” ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [October 6, 2017, 6:38pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/28 "2017-10-06T18:38:38Z")
> [@Machine\_Elf](#): > > A fine example of why, when one is questioned about illegal activities, one should simply reply “I’m not answering that question.” “Lawyer.” Fewer words, gets right to the point. ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [October 6, 2017, 6:53pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/29 "2017-10-06T18:53:32Z")
> [@kayaker](#): > > “Lawyer.” > > Fewer words, gets right to the point. Serious question for the lawyers out there. Do people have the right to an attorney _before_ they are arrested? ---
**Author:** ![Hilarity\_N.Suze](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/hilarity_n.suze/32/6223_2.png) [@Hilarity\_N.Suze](https://boards.straightdope.com/u/Hilarity_N.Suze)\ **Post date:** [October 6, 2017, 8:51pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/30 "2017-10-06T20:51:29Z")
It’s probably not a good idea to just start out being a smart-ass. Hard to resist though. Some years ago I had a bat in my freezer that was going to be examined for rabies. I did not expect uniformed police to show up to collect this bat, so when one of them said, “We’re here for the bat,” I said, “Oh no, what did he do?” This did not amuse them at all. Probably because something like this happened to them every second time they went somewhere to collect a possibly diseased animal and they were tired of the joke, possibly because it wasn’t that funny. I was sorry. I really don’t want to make someone else’s job more tedious. ---
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [October 6, 2017, 11:33pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/31 "2017-10-06T23:33:54Z")
About that issue of not having to answer questions, but asking for a lawyer instead: I’ve asked this several times on this board, and never got a completely straight answer (IMO): Given that I already know that I don’t have to answer any cop’s questions, and supposing that a cop is in fact asking me some questions, WHY would I want or care to pay money to have a lawyer? Can’t I just state that I decline to answer questions, without necessarily having a lawyer whispering that advice into my ear? I’ve often read, right here on this board, that the moment an “interviewee” asks for a lawyer, the questioning instantly comes to a screeching dead halt (and of course I believe _everything_ I read on the Internet!), and doesn’t resume until a lawyer appears (and, in which case, the answering probably doesn’t resume even then). So, if I’m being interrogated, and I decline to answer questions but don’t ask for a lawyer, does that imply that the interrogators will badger, harangue, and essentially coerce me to talk until I break down and tell them everything they want to hear? Do I need a lawyer to protect me from _that_ ? ---
**Author:** ![TokyoBayer](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tokyobayer/32/13989_2.png) [@TokyoBayer](https://boards.straightdope.com/u/TokyoBayer)\ **Post date:** [October 7, 2017, 4:30am UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/32 "2017-10-07T04:30:50Z")
This was part of legal thriller, _Presumed Innocent_ by Scott Turow. The accused had been asked by a prosecutor if he had committed the murder, to which he answered sarcastically that yeah, he had. The prosecutor attempted to introduce that as evidence in the trial, and IIRC the judge disallowed it. probably not a good idea outside of novels, though. ---
**Author:** ![Pantastic](https://avatars.discourse-cdn.com/v4/letter/p/3bc359/32.png) [@Pantastic](https://boards.straightdope.com/u/Pantastic)\ **Post date:** [October 7, 2017, 2:37pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/33 "2017-10-07T14:37:10Z")
> [@Senegoid](#): > > So, if I’m being interrogated, and I decline to answer questions but don’t ask for a lawyer, does that imply that the interrogators will badger, harangue, and essentially coerce me to talk until I break down and tell them everything they want to hear? Do I need a lawyer to protect me from _that_ ? Pretty much. Do you know what to say to stop an interview without a lawyer handy? The lawyer knows exactly what to say and who to complain to to get them to leave you alone, and what your options are. You clearly don’t, and so it’s certainly possible for the cops to play the system to their advantage, lie to you, manipulate you, and pressure you into complying. Also they probably won’t call it an interrogation, they’ll call it an interview. Here’s two videos on the subject, one from a lawyer one from a cop: [https://www.youtube.com/watch?v=08fZQWjDVKE](https://www.youtube.com/watch?v=08fZQWjDVKE) ---
**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\ **Post date:** [October 7, 2017, 3:42pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/34 "2017-10-07T15:42:35Z")
> [@D\_Anconia](#): > > Serious question for the lawyers out there. Do people have the right to an attorney _before_ they are arrested? I’m not a lawyer, so this isn’t exactly directed at me, but I’ve met with many lawyers, and never had anyone say that I didn’t have the right to do so, and I’ve never even been arrested. What would lead you to believe that you don’t have a right to a lawyer before being arrested? ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [October 7, 2017, 4:21pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/35 "2017-10-07T16:21:00Z")
> [@k9bfriender](#): > > What would lead you to believe that you don’t have a right to a lawyer before being arrested? [http://criminal.findlaw.com/criminal-rights/the-right-to-counsel.html](http://criminal.findlaw.com/criminal-rights/the-right-to-counsel.html) ---
**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\ **Post date:** [October 7, 2017, 4:35pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/36 "2017-10-07T16:35:26Z")
> [@D\_Anconia](#): > > [http://criminal.findlaw.com/criminal-rights/the-right-to-counsel.html](http://criminal.findlaw.com/criminal-rights/the-right-to-counsel.html) Not sure where you are seeing that. Sure, you won’t have a public defender assigned to you (if you need one) until after you have been arrested, but that is a completely different matter. If the police show up at your door with a warrant to search, you can call your lawyer before being arrested (if that happens). If the police want to ask you a few questions as a person of interest, you can have your lawyer present, even if they have no plans on arresting you. If you are not in any danger at all of being arrested, you can go see a lawyer. I am not sure where you would get the idea that the only time that you can consult an attorney is after you have been arrested, your cite doesn’t say anything at all like that. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [October 7, 2017, 4:42pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/37 "2017-10-07T16:42:39Z")
> [@k9bfriender](#): > > I am not sure where you would get the idea that the only time that you can consult an attorney is after you have been arrested, your cite doesn’t say anything at all like that. Indeed, the advice I’ve been given by my attorney (who is also a friend) as well as a cop (who is also a friend) is that it is better to err on the side of caution. If a cop approaches me on the street and asks how I’m doing, “lawyer” is my response. I may look like an asshole for doing this, but my two buddies have reason on their side. ---
**Author:** ![D\_Anconia](https://avatars.discourse-cdn.com/v4/letter/d/67e7ee/32.png) [@D\_Anconia](https://boards.straightdope.com/u/D_Anconia)\ **Post date:** [October 7, 2017, 4:49pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/38 "2017-10-07T16:49:29Z")
> [@k9bfriender](#): > > If the police show up at your door with a warrant to search, you can call your lawyer before being arrested (if that happens). If the police want to ask you a few questions as a person of interest, you can have your lawyer present, even if they have no plans on arresting you. You can have a lawyer, on your own dime. Shouting “lawyer” at the cops isn’t likely to do you any good. ---
**Author:** ![kayaker](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kayaker/32/441_2.png) [@kayaker](https://boards.straightdope.com/u/kayaker)\ **Post date:** [October 7, 2017, 4:54pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/39 "2017-10-07T16:54:10Z")
> [@D\_Anconia](#): > > You can have a lawyer, on your own dime. Shouting “lawyer” at the cops isn’t likely to do you any good. Right. My “lawyer” is just a demonstration that I have nothing to say until he is present. Of course I’ll be getting a bill. ---
**Author:** ![k9bfriender](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/k9bfriender/32/3283_2.png) [@k9bfriender](https://boards.straightdope.com/u/k9bfriender)\ **Post date:** [October 7, 2017, 5:22pm UTC](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041/40 "2017-10-07T17:22:35Z")
> [@D\_Anconia](#): > > You can have a lawyer, on your own dime. Shouting “lawyer” at the cops isn’t likely to do you any good. It can indicate that you refuse to answer any questions, or cooperate with them, until you have had a chance to consult with your lawyer, and to have him present if you feel that is necessary. And I wouldn’t shout it either. I would say it in a reasonable tone of voice. Not sure why you think that shouting would do any good, or why anyone would do that. [Previous page](https://boards.straightdope.com/t/if-i-give-a-smart-ass-answer-to-a-police-question-is-that-cause-for-a-warrant/798041.md?page=1)