thatoneguy

Ok so I understand that once you've been arrested then you have "the right to remain silent." But what if your just being detained, or if they cop just stops you in the street? Do you have to answer his/her questions then?

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Backpacker420

In the United States, the Miranda warning is a warning given by police to criminal suspects in police custody, or in a custodial situation, before they are asked questions relating to the commission of a crime. A custodial situation is where the suspect's freedom of movement is restrained although he or she is not under arrest. An incriminating statement by a suspect will not constitute admissible evidence unless the suspect was advised of his or her "Miranda rights" and made a knowing, intelligent, and voluntary waiver of those rights. However, police may request biographical information such as name, date of birth, and address, without first reading suspects their Miranda warnings.

More @ Miranda warning - Wikipedia, the free encyclopedia

BigGun1

If you're not under arrest you still have the right to remain silent, you still have your miranda rights weather or not they have been read to you. LEOs only have to read you your miranda rights if they arrest you, but they still apply even if you're just being detained.

HellRaiZeR

Ever watch the show 48 hours? About homocide detectives Well ever see how pissed off they get when their suspect 'lawyers-up'? Thats because they want you to talk. So they can make shit up along the way.. you know.. an 'or' becomes an 'and' that kinda crap..
Anywho.. NEVER volunteer info to the .. Play it as you go.. But don't think getting pulled over for speeding is a right time to flex that rule of thumb

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bobbooty

the only information you are pretty much legally bound to telling an leo in any stop is:

1) your full legal name

2) where you live

that is it. any other information you provide is extra. do not provide admission of guilt, even if you know its your fault. if they persist, you can say "i will not answer any more questions or consent to any searches without an attorney present".

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99redmushrooms

actually that's a common misconception. Police only have to read your miranda rights when asking questions pertaining to an ongoing investigation. You can be arrested, booked, and jailed without once being read your miranda rights. It's a county decision on whether or not your rights need to be read at time of arrest, it's not required. Even the wiki page points it out...

I was busted last march and was never, ever, read my rights. I was arrested, booked, strip searched twice, jailed for 18 hrs in a dorm style jail, and then released on bail. When i called my lawyer and informed her i was never read my rights i was informed that it didn't matter, that i didn't have to answer questions presented to me by the arresting officer, and any information i gave was given on my own free will. So now i know that every time i'm stopped the only info im required to give is my name, my ID, and my cars papers if driving. Any other question besides civil chit chat (like how are you today) receive a non response or "i would prefer to answer any questions with my lawyer present or on speaker phone".

Luckily enough for me the cops fucked up somewhere along the lines (i think their reason for search and seizure was invalid) and i have a motion to suppress all evidence obtained via the search issued. The important thing to remember is that you ALWAYS have your miranda rights whether you are read them or not. At no time are you required to answer any question at all, besides name and ID, and that you have the right to have a lawyer present during all questionings and searches. It was a 4000$ dollar bad choice i made that night and i really hope no one else has to pony up that cash, or go through what i did, jail is an experience i wish on no decent human.

JustaGrower

If you tell a cop that you're only going to give him your name and address only while he's doing an investigation, all kinds of alarms are going to go off in his head. You will then be detained until his suspicions are put to rest. Suspicions you helped generate by your unwillingness to answer basic questions. Yes, you have the right not to answer his questions but he has the right to detain you during an investigation.

bobbooty

leo cannot detain forever. i dont tell the cop that is all im telling them. that is not what i said. what is recommended by many attorneys, even some i know personally, is to say "im not answering any more questions or consenting to any searches [other then my name and my place of residence] without an attorney present". this is a very reasonable statement to tell leo.

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ZoomBoom

My $1000/hr lawyer has given me similar instructions. I think thats the way to go.

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JustaGrower

No he can't detain forever, just long enough to get a warrent or a drug dog. If you got something in your car or home and he has probable cause, guess what? He's finding it. When you start acting guilty, thats when they have you by your short and curlies. By the time they get the warrent and you've played Billy "I know the law" Badass, they will no longer be willing to go for a lesser charge. Being cool, relaxed and cooperative MIGHT just get you off. Playing Perry Mason is going to get you a ride downtown.