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How Silent can I really be???

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JohnCan

Junior Member
Hello, I live in Pennsylvania, and I understand that I have a right to stay silent with exception of identity information.


However, what if police ask if there are any illegal things on my person or in my car?

I know its illegal to lie to police, but I also understand that I can stay silent. Although I do NOT carry illegal things on me, a friend of mine asked me this question and I was seriously stumped. I don't know much about law but the whole "stay silent" vs. "don't lie" thing comes to mind and I couldn't give him a straight answer and wonder if I was in a situation where I'd be asked that and I did have something on me.

And if Police take additional measures to search, they might be able to through some sort of vague probable cause, and then they find whatever is illegal, and say that such-n-such lied to police because they didn't admit they knowingly had it during the initial questioning.

Maybe I'm just too much in my head... haha, but it sometimes just seems like staying silent can throw on some extra charges like lying and hiding evidence.
 


justalayman

Senior Member
However, what if police ask if there are any illegal things on my person or in my car?
You have no obligation to respond. Just don't lie.



Maybe I'm just too much in my head... haha, but it sometimes just seems like staying silent can throw on some extra charges like lying and hiding evidence.
Nope.
 

glitterbutt

Junior Member
depends on the situation, if you know you will be arrested, just stay silent. but if you know there is nothing illegal, just say no. never allow a search, they take take yes way too far sometimes. always say no politely.
 

dave33

Senior Member
And if Police take additional measures to search, they might be able to through some sort of vague probable cause, and then they find whatever is illegal, and say that such-n-such lied to police because they didn't admit they knowingly had it during the initial questioning.
They often do this. Probable cause is often vague and basically b.s. If they find "whatever is illegal" they can often support the probable cause from the finding. This of course is not legal but it is often times the reality.
Lieing to police can often lead to a charge (obstruction of justice) or whatever your state calls it. That is why staying silent is almost always the way to go. goodluck.
 

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