this post was submitted on 25 Sep 2024
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IANAL. This is what they want you to think, "just do this and it'll be better for you". It might be a short term hassle waiting for the drug dog, or being arrested while they conduct their investigation. But long term it's the court that matters. And the court will throw out anything obtained illegally or the cops do illegally.
Cops are not there to help you, they just want to find someone to pin a crime on. The only one that will help you is your lawyer. Stfu. Don't talk to the police.
Important addition: don't just shut the fuck up.
First, in some jurisdictions, failure to identify is an arrestable offense. Full name, date of birth, relevant cards/papers.
Second, if you need to reach for something, say something so they don't think you're about to pull a weapon on them. Officer safety is always a concern in the land of handing out guns like candy.
Third, explicitly state that you are exercising your fifth amendment rights. Otherwise you might run into an "I want a lawyer, dawg" situation.
There's nowhere in the US that is true without reasonable, articulable suspicion (Terry v Ohio)
You really don't need to do that unless you've already started answering questions, but it is good practice.
Keep in mind that the cops don't have to provide you with their reasonable suspicion in order to demand ID. It's not until court that they have to provide their reasonable suspicion. So they have plenty of time to come up with justification after the fact.
Also, on the Fifth Amendment I thought I had read somewhere about a case where a man simply remained silent and never once invoked his right and it didn't end well for him. I cannot remember the details, but for some reason I thought that you still had to invoke the fifth even if you have not yet answered any questions. I'll have to look back into this later and post back if I find the story.
Sure, if they have any.
Yeah the footnote from that case was that he started answering questions and then clammed up later. For some reason that doesn't work.