Asking irrellevant questions by cops

[disneykid52]

What is the name of your state? Florida
When being pulled over by law officials,,,if they ask you if I've ever been arrested before, do they have that right ? I think its irrellevant but anyway,,,do I have to answer ?? Or can I refuse? I see that happen all the time on the TV show "COPS". Seems to me if they run my license they would find out what they want to know,, Besides,,,I have the right to remain silent whether or not I'm being arrested or not correct?

[Some Random Guy]

When being pulled over by law officials,,,if they ask you if I've ever been arrested before, do they have that right ?

As with any citizen of the United States of America, they can ask you any question they want.

The real issue is whether you are required to answer their questions. That depends on the questoin and on the state you are in. In some states you are required to provide them with your name and them if you are on parole/probation if they ask. See

http://pqasb.pqarchiver.com/sptimes/access/583750161.html?MAC=cab7648e9775c13d5039762998bec46b&did=583750161&FMT=FT&FMTS=FT&date=Mar+20,+2004&a uthor=BILL+ADAIR&printformat=&desc=Ask+his+name,+but+he+won't+tell

for an extreme example

If you choose not to answer the question about previous arrests, then the police may assume that you have been arrested before. You may think it irrelevant, but police have noticed over the years that criminals tend to commit more crimes.

Besides,,,I have the right to remain silent whether or not I'm being arrested or not correct?

Generally, yes. However, there are exceptions. In some cases remaining silent may lead to obstruction or harboring a fugitive charges (example: "Is John Doe hiding in this house?")

[garrula lingua]

Hibel lost:
[url]http://www.cnn.com/2004/LAW/06/24/dorf.police.id/index.html[/url]

I don't believe you're in an equal position of power with the cop, OP.

[LeeHarveyBlotto]

Originally Posted by disneykid52

Seems to me if they run my license they would find out what they want to know

That is correct, which is why not answering the question does nothing for you and sets a tone you're better off not setting.

[xylene]

A approach;

Officer "Have you ever been arrested/criminal/etc?"

Your reply-

If yes: "Yes officer" "Yes sir"

If no "No officer." "No sir"

IF yes or no

"Sir I respecfully decline to answer."

"Officer, I will gladly assist you in any way that is required of me, but I elect to not answer as is my right."

"Officer, I prefer not to answer any questions that are not legally required for me to anwer. Is this question required for me to answer? Am I under arrest or detention?"

or

"..." (silence)

You can refuse to answer an officers investigatory questions. Doing so politely is unlikely to provoke an officer, unless the officer is already angry with you. In which case you are likely to be cited or arrested no matter what.

Generally, you must give your true identity if asked.

ALSO - DO NOT LIE.

Tell the truth or DON'T answer.

Beyond being respectful, there is nothing you can do to 'make it go easy'. Police promises of leniency upon delivery of info are not binding.

[disneykid52]

You are not under oath,,,so where is lying to a cop "against the law"??He (or she) is no different than you or me. If I lie to John Doe down the street can he make a citizen's arrest for it?? I don't think so.

[Zigner]

Originally Posted by disneykid52

You are not under oath,,,so where is lying to a cop "against the law"??He (or she) is no different than you or me. If I lie to John Doe down the street can he make a citizen's arrest for it?? I don't think so.

Officer: Have you ever been arrested?
Subject: No Sir!
Officer: Do you have any weapons?
Subject: No Sir!
.
.
.
Officer: Strange, you have a record 3 pages long. And, we found this gun in the trunk.
Subject: Disneykid said I didn't have to tell truth to you pig!



I can see that working well

[The Occultist]

Originally Posted by disneykid52

You are not under oath,,,so where is lying to a cop "against the law"??He (or she) is no different than you or me. If I lie to John Doe down the street can he make a citizen's arrest for it?? I don't think so.

The reason for not lying is because if you're caught in a lie, you will be making things far worse for yourself than if you were just cooperative.

[xylene]

Originally Posted by The Occultist

The reason for not lying is because if you're caught in a lie, you will be making things far worse for yourself than if you were just cooperative.

Or silent.

[tranquility]

Taking an affirmative act which misleads a police officer could be obstruction of justice or interference with an officer. Don't lie to the cops. Failing to properly identify yourself in booking or in specific instances covered by state-specific statutes can also be a violation for the same reasons.

Hibel lost, but the holding was fairly specific to the state statute. As the court held, "an officer may not arrest a suspect for failure to identify himself if the request for identification is not reasonably related to the circumstances justifying the stop.” Hiibel v. Sixth Jud. Dist. Ct., 542 U.S. 177, 188 (2004).

[taro]

It's so convoluted I'll just post a link. In short, there is some truth when people say we are a police state.

[url]http://www.nacdl.org/public.nsf/01c1e7698280d20385256d0b00789923/33240765dfecc2e9852573c40051fec2?OpenDocument[/url]

[CdwJava]

Hardly a police state.

Also, note that this was published by an association of criminal defense lawyers - I would expect them to take this position.

- Carl

[taro]

I always feel better knowing there are good police like you.

[CdwJava]

There are many good cops out there. There are a few that are grumps, but being grumpy doesn't mean they are doing anything wrong ... it's easy to get grumpy when you tend to deal with flotsam and jetsom all day, and everyone lies to you or hates you.

Even I sometimes get testy ...

- Carl