• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question about being stopped/asked questions by police

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Status
Not open for further replies.

Lionel Fauquier

Junior Member
What is the name of your state (only U.S. law)? Pennsylvania/West Virginia


If one is stopped/asked a question by a police office then can one immediately ask if they're being detained ? To my knowledge one has the right to do so , but I'm curious to find out if this assumption is indeed true , and I'm also interested in finding out about the proper way to ask as well .


Also if a police officer says you are free to leave then will any harm be done if one says something along the lines of " Have a nice day officer " before leaving ?

P.S. I live in Pennsylvania , but I work and spend a lot of time in West Virginia , which is why I put both states up above .
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania/West Virginia


If one is stopped/asked a question by a police office then can one immediately ask if they're being detained ? To my knowledge one has the right to do so , but I'm curious to find out if this assumption is indeed true , and I'm also interested in finding out about the proper way to ask as well .


Also if a police officer says you are free to leave then will any harm be done if one says something along the lines of " Have a nice day officer " before leaving ?

P.S. I live in Pennsylvania , but I work and spend a lot of time in West Virginia , which is why I put both states up above .
We don't do homework. :)
 

quincy

Senior Member
What is the name of your state (only U.S. law)? Pennsylvania/West Virginia


If one is stopped/asked a question by a police office then can one immediately ask if they're being detained ? To my knowledge one has the right to do so , but I'm curious to find out if this assumption is indeed true , and I'm also interested in finding out about the proper way to ask as well .


Also if a police officer says you are free to leave then will any harm be done if one says something along the lines of " Have a nice day officer " before leaving ?

P.S. I live in Pennsylvania , but I work and spend a lot of time in West Virginia , which is why I put both states up above .
There is nothing wrong with asking an officer if you are being detained. There is nothing wrong with telling an officer to have a nice day.
 

adjusterjack

Senior Member
If one is stopped/asked a question by a police office then can one immediately ask if they're being detained ?
You'd feel pretty stupid if he said yes, frisked you, and then continued to ask questions.

Apply a little common sense and don't cross over the line into cop-baiting.
 

quincy

Senior Member
Here is a link to the ACLU on your rights when encountering law enforcement officers: https://www.aclu.org/know-your-rights

It can be important to realize that, unfortunately, not all law enforcement officers play by the rules. Even though your rights do not change, you should judge every police encounter by the facts of the encounter and act accordingly. In other words, the time to assert or defend your rights may not be at the time of the encounter. Your health and safety should be your first and major concern.
 

HighwayMan

Super Secret Senior Member
If I (police officer) stop you on the street and ask you what the weather will be like tomorrow that's not a detention. You're not being too clear on what the "stop" and "questions" are about. There is a thing called Common law right of inquiry. You should do some research on that and police stops.

Are you planning on getting stopped by the police a lot or has it happened in the past? It doesn't seem like something the average person would be concerned about.
 
Last edited:

quincy

Senior Member
If I (police officer) stop you on the street and ask you what the weather will be like tomorrow that's not a detention. You're not being too clear on what this "stop" and "questions" are about. There is a thing called Common law right of inquiry. You should do some research on that and police stops.

Are you planning on getting stopped by the police a lot or has it happened in the past? It doesn't seem like something the average person would be concerned about.
There are some average people who are (rightly) concerned about what they can and cannot say if stopped by the police.
 

CdwJava

Senior Member
Or, people can simply act polite and civilized instead of like jerks. All because one has a legal right to be obstinate or mouthy does not mean they have to be.
 

Lionel Fauquier

Junior Member
To my knowledge one is not required to answer any questions posed to them by an LEO and since LEO's can ( theoretically at least ) use everything you say against you , I belong to the category of folks who are of the opinion that one should never talk to an LEO .


And for what it's worth , no I've never been stopped by LEO's nor do I plan on being so , however I have a habit of smoking cigarettes in secluded public places at night ( which probably falls under the category of suspicious activity ) and that is why I've posed this question . :)
 

Zigner

Senior Member, Non-Attorney
To my knowledge one is not required to answer any questions posed to them by an LEO and since LEO's can ( theoretically at least ) use everything you say against you , I belong to the category of folks who are of the opinion that one should never talk to an LEO .
Really? You mean that you would simply look the other way if you were sitting on a bus and a police officer approached and asked "Is this seat available?"

Or, how about when the volunteer at snack bar at the local Tee-Ball game asks you if you want ketchup with your burger?

Or, how about right after the accident when the first responder, a police officer, responds to the scene of your accident and asks "Can you hear me?"


You're only here to stir the pot with your hypothetical questions. That's not what this forum is for.
 
Status
Not open for further replies.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top