A man gets stopped in the street....

[castillo555]

What is the name of your state?
California.

I recently got stopped while walking by two officers in a car. They began to interrogate me, as to where I lived, where I was going, and how old was I. I live in Newport Beach where there are many drunks cycling and walking back home, so I understood the concern. But a friend of mine informed me that I don't have to say anything, because I'm not driving or cycling. So it's my right to walk off and not answer any questions, but I have to say something, I just can't walk off, they could arrest me for some lame brain reason. So what does one say, when they are obviously not doing anything, and to also let the cop know that they know the law, officers just can't do this and get away with it.

 

[BelizeBreeze]

Your friend is an idiot.

How do you know that there was not a robbery or murder in the area and someone fitting your description was seen leaving the scene? how do you know that the officer's didn't have a valid reason for asking you these questions?

Reply to the officer's legitimate concerns and then ask why you were being stopped. It could be nothing more than the time of day, your demeanor or your age (or how you look).

And one last point: You do NOT know about the law. Otherwise, you'd not have come here for clarification of this point.

 

[acmb05]

What is the name of your state?
California.

I recently got stopped while walking by two officers in a car. They began to interrogate me, as to where I lived, where I was going, and how old was I. I live in Newport Beach where there are many drunks cycling and walking back home, so I understood the concern. But a friend of mine informed me that I don't have to say anything, because I'm not driving or cycling. So it's my right to walk off and not answer any questions, but I have to say something, I just can't walk off, they could arrest me for some lame brain reason. So what does one say, when they are obviously not doing anything, and to also let the cop know that they know the law, officers just can't do this and get away with it.

Sure they can, they do it every day. If a cop stops you walking down the road and asks to ask you a few question it would be very stupid to just walk away. You see now they have probable cause to not only stop you but search you also because you are acting suspicious.

If you are doing nothing wrong and have nothing to worry about then just answer the questions, heck you never know you might just make a friend.

 

[JETX]

So what does one say, when they are obviously not doing anything, and to also let the cop know that they know the law, officers just can't do this and get away with it.

Your choice:
1) You can answer their questions and, after it is done, presumably walk off... or
2) You can refuse to answer their questions and be arrested (assuming that they have a reason to).

The following is from a California attorney website:
If You Are Stopped For Questioning

1. It is not a crime to refuse to answer questions. However, refusing to answer can make the police suspicious about you. You can't be arrested for merely refusing to identify yourself on the street. However, please be advised that if the police are acting on a tip or what is referred to as exigent circumstances you may be detained for the purpose of determining whether or not you fit the description of any individuals that the police are looking for. Remember that in this situation, anything you say can and will be used against you.

2. Police may "pat down" your clothing if they suspect a concealed weapon is on your person. Please remember not to physically resist, but be clear that you do not consent to any further search and verbalize your lack of consent to the police officers. If you are within ears length of any other people, be sure to state your non-consent unequivocally and in a loud enough manner that it can be heard by those around you or in the near vicinity.

3. Ask if you are under arrest. If you are, you have a right to know why. In such situations where you believe you are under arrest, but the officer has not specifically stated so, simply ask the officer, "am I free to leave?" If the officer states you are not free to leave then you are under arrest.

4. Do not bad mouth the police officer or run away even if you believe what is happening is unreasonable. If you attempt to run away or begin to bad mouth the police officer, this could lead to your arrest.

 

[CdwJava]

3. Ask if you are under arrest. If you are, you have a right to know why. In such situations where you believe you are under arrest, but the officer has not specifically stated so, simply ask the officer, "am I free to leave?" If the officer states you are not free to leave then you are under arrest.

Or ... you are simply detained.

- Carl

 

[gawm]

If you are detained or not free to leave (and have done something illegal) it is best not to answer any questions no matter how simple they seem. Police have a way of tricking people in to hanging themselves.

 

[CdwJava]

If you are detained or not free to leave (and have done something illegal) it is best not to answer any questions no matter how simple they seem. Police have a way of tricking people in to hanging themselves.

The key being the part about having done something illegal.

- Carl

 

[castillo555]

Yes.

Your choice:
3. Ask if you are under arrest. If you are, you have a right to know why. In such situations where you believe you are under arrest, but the officer has not specifically stated so, simply ask the officer, "am I free to leave?" If the officer states you are not free to leave then you are under arrest.
I]

THAT'S ALL I WANTED TO KNOW.
AGAIN, THERE WAS NO CAUSE FOR THEM TO ASK ME QUESTIONS. I KNOW THEY DIDN'T HAVE ANY CRIMES COMMITTED IN THE AREA OR IF I MATCHED THE DECRIPTION OF ANY ONE THAT COULD HAVE COMMITTED A CRIME BECAUSE.....WELL, I HAVE MY REASONS. THE COPS HERE ARE WORSE THAN COMMUNISTS/****S -- THEY WOULD HAVE TACKLED ME TO THE GROUND IF THEY HAD ANY REASON TO. THEY JUST LIKE TO HARRASS YOUNG MEN BECAUSE****************************..THEY ALWAYS GET AWAY WITH IT. THANKS FOR ALL YOUR RESPONSES.

 

[JETX]

Why Are You Shouting????

 

[HappyHusband]

Why Are You Shouting????

If you are within ears length of any other people, be sure to state your non-consent unequivocally and in a loud enough manner that it can be heard by those around you or in the near vicinity.

 

[CdwJava]

Rather than just blowing the cops off and ignoring them, the lawyer's advice about politely asking if you are free to go is the best. If you are not free to go, you are detained or under arrest and do not have to generally answer their questions. Simply turning around or acting as if they are not there is asking for trouble if they happen to have good cause to make the detention ... because then they could arrest you for obstructing or delaying an officer. And, in all honesty, you likely have no idea why they are stopping you or if they have good cause to justify a detention.

And I seriously doubt the local cops get their jollies tackling and harassing people.

- Carl

 

[HappyHusband]

Rather than just blowing the cops off and ignoring them, the lawyer's advice about politely asking if you are free to go is the best. If you are not free to go, you are detained or under arrest and do not have to generally answer their questions. Simply turning around or acting as if they are not there is asking for trouble if they happen to have good cause to make the detention ... because then they could arrest you for obstructing or delaying an officer. And, in all honesty, you likely have no idea why they are stopping you or if they have good cause to justify a detention.

And I seriously doubt the local cops get their jollies tackling and harassing people.

- Carl

And I seriously doubt the local cops get their jollies tackling and harassing people.

Yeah, even these local cops manage to restrain themselves......
http://www.youtube.com/watch?v=tcoZBDIPDP8

 

[CdwJava]

And I seriously doubt the local cops get their jollies tackling and harassing people.

Yeah, even these local cops manage to restrain themselves......
http://www.youtube.com/watch?v=tcoZBDIPDP8

AWESOME!!

- Carl