• BigBenis@lemmy.world
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    9 months ago

    IANAL and it’s best to know and understand the laws of the state that you’re in. But in general you’re under no obligation to answer any questions a cop has for you and you’re not being rude or difficult by simply saying nothing at all. If a cop actually wants to help you they can do so by promptly giving you a citation and letting you go on about your day, not by trying to pry on your personal opinions or activities.

    • Verdant Banana@lemmy.world
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      9 months ago

      terry stop

      https://en.wikipedia.org/wiki/Terry_stop

      yes you are under obligation to answer any questions for whatever reason no matter the state

      and to further exacerbate the situation states are now doing their own thing more than ever and Biden is failing on the campaign promise for police reform

      • Furbag@lemmy.world
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        9 months ago

        yes you are under obligation to answer any questions for whatever reason no matter the state

        You need to have brain damage to believe this is true. Police can detain you for whatever reason they might have, and refusing to answer them might cause them to place you under arrest, but you are not obligated to answer questions while you are under detention or arrest.

          • Furbag@lemmy.world
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            9 months ago

            What are they gonna do? Use their psychic piggy powers to force me to talk? lmao.

            No court in any state in this country would ever convict someone solely for exercising their right to not incriminate themselves. Abusive cops exist, sure, but that doesn’t make them right.

          • PLAVAT🧿S@sh.itjust.works
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            9 months ago

            I really don’t get where you’re basing this on, what law compels you to waive your right to be silent? I’ll yield that a cop will treat you like shit if you stonewall them but there’s no way they can make you incriminate yourself.

      • PLAVAT🧿S@sh.itjust.works
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        9 months ago

        Sorry, that’s arguably some bad advice. The most well known counterpoint is there in your Miranda Rights: you have the right to remain silent. That right exists under the 5th as the other comment mentions.

        This applies to a traffic stop for most everything but name, address, and the required documents (insurance, driver’s license). As to whether you have to sign a ticket, I can’t say.

        And of course this video is gold, watch it yearly:

        https://www.youtube.com/watch?v=d-7o9xYp7eE

      • BigBenis@lemmy.world
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        9 months ago

        I briefly skimmed over that page you linked so apologies if I missed something, but I didn’t see anything in there that implied you are under any obligation to answer questions from an officer. The officer has the right to detain you and in most cases you must comply with an officer’s orders, for example to step out of the vehicle, submit to a search, etc.

        However, the 5th amendment of the US Constitution protects citizens from being compelled to offer self-incriminating information. In other words, the officer cannot order you to answer a question.

        Again, IANAL and this is not legal advice.