this post was submitted on 20 Sep 2024
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[–] [email protected] 37 points 2 months ago* (last edited 2 months ago) (18 children)

This is the police .... if you get pulled over by a jerk of an officer, they'll find a different excuse to search your vehicle ... or at the very least hold you up, get you out of your car and generally give you a hard time.

Do your lights work? How's your tire treadwear? Is your documentation up to date? You were driving about five over the limit. This is a ride check.

And one of the worst questions I absolutely hate being asked by a cop ... "Where are you going?"

[–] [email protected] 23 points 2 months ago (12 children)

Remember, they are asking if they can search your vehicle. You are allowed to say no. Then they must justify an arrest

[–] thessnake03 21 points 2 months ago (2 children)

"Am I being detained?"

"I do not consent to any search of my person or property."

"I am exercising my right to remain silent."

"I will not answer any further questions without an attorney present."

[–] [email protected] 18 points 2 months ago

These should all be burned into everyone's brain (even if some shitheads have made "Am I being detained?" into a joke, it is still valid).

With regard to refusing to answer questions and searches:

  • Your right to remain silent must be actively expressed in order to exercise it. Simply being silent without active verbal exercise of that right can be interpreted as "confrontational behavior."
  • Depending on the circumstances, there are some questions that you are obliged to answer. If you are driving a car, you are required to produce your driver's license. You may be required to identify yourself with name and birthdate, even if you are not driving a car.
  • There are a couple of different kinds of search. One kind is a "pat down." This is where the officer is allowed to feel over your clothes (not inside pockets) to check for weapons, and this generally does not require any probable cause or reasonable suspicion. Any other kind of search of person or property does require probable cause, or comes after an arrest. "I do not consent to any search." If the officer is asking for your consent, they don't have cause (yet).
  • Be aware that you are only required to be Mirandized if the police are going to ask you questions about whatever situation they have you as a suspect or person of interest in. But you always have those rights, whether they have been read to you or not, and police may ask you questions which are "adjacent" to the situation without Mirandizing you - in the hopes that you simply offer incriminating information.

If the police want to talk to you, it's Shut the Fuck Up Day.

[–] RubberElectrons 9 points 2 months ago* (last edited 2 months ago)

Don't forget, ridiculous as it is, you have to say "my attorney", based on https://reason.com/2011/03/08/tennessee-cops-posed-as-a-defe/

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