Why do police ask, "Have you ever been arrested before"?

[Subjection]

What is the name of your state (only U.S. law)? WI

I've noticed while watching "COPS" on TV, they usually ask someone they stop the question, "Have you ever been arrested before?", and then when the person answers "yes", then the cop asks for the details about it. Why do they do that, and is it necessary for the person to answer? The police have all that information on their computer records, so it's not as if they couldn't look up the data in a couple minutes themselves. I don't see how a person being stopped and questioned would be obligated to reveal the details of prior arrests. So why do the police ask, and would I be required to answer?

 

[justalayman]

You are not required to answer any questions other than identifying if required by law or if on probation or parole and would be required to due to that.

They ask for a variety of reasons all of which are of no benefit to the driver. Sometimes it is simply to engage the driver in discussion so the cop can evaluate the drivers condition. Sometimes it is to see if the respondent is being truthful. Lying to the cops tends to make then suspicious about the person and may give cause for them to investigate then further than they may have.

 

[cbg]

And sometimes it is because they know the "Cops" cameras are rolling and they have been instructed to ask that question so that if the producers decide to use that segment they'll have the background information on tape already.

 

[CdwJava]

What is the name of your state (only U.S. law)? WI

I've noticed while watching "COPS" on TV, they usually ask someone they stop the question, "Have you ever been arrested before?", and then when the person answers "yes", then the cop asks for the details about it. Why do they do that, and is it necessary for the person to answer? The police have all that information on their computer records, so it's not as if they couldn't look up the data in a couple minutes themselves. I don't see how a person being stopped and questioned would be obligated to reveal the details of prior arrests. So why do the police ask, and would I be required to answer?

The person stopped is not "obligated" to reveal that information ... unless he or she is on probation or parole, then a failure to provide the info could potentially result in a violation.

We ask that question because we are nosy and we like to know who we are dealing with. And, no, in some states we cannot so easily look up their criminal history in the field, only if they are currently wanted or on some form of local or state supervised release. Probation records from even an adjacent county may not be available.

 

[CdwJava]

And sometimes it is because they know the "Cops" cameras are rolling and they have been instructed to ask that question so that if the producers decide to use that segment they'll have the background information on tape already.

When I was in Sacramento, my shift had a Cops crew following us around for about 8 weeks. I don't recall them ever asking us to ask certain questions. But, it would make for more interesting TV.

But, it's a common question - I asked it of two people I detained just last night.

 

[Subjection]

The person stopped is not "obligated" to reveal that information ... unless he or she is on probation or parole, then a failure to provide the info could potentially result in a violation.

We ask that question because we are nosy and we like to know who we are dealing with. And, no, in some states we cannot so easily look up their criminal history in the field, only if they are currently wanted or on some form of local or state supervised release. Probation records from even an adjacent county may not be available.

Don't they have the ability to radio in the person's name, license ID, or other info. to dispatch and get the information that way? Other than parole information, it really shouldn't matter whether or not someone was arrested in the past. What should matter is whether or not the person did anything wrong at the time of the current stop. People shouldn't be re-arrested or harassed based on something done in the past.

 

[Just Blue]

Don't they have the ability to radio in the person's name, license ID, or other info. to dispatch and get the information that way? Other than parole information, it really shouldn't matter whether or not someone was arrested in the past. What should matter is whether or not the person did anything wrong at the time of the current stop. People shouldn't be re-arrested or harassed based on something done in the past.

Don't break the law and you won't have to worry about this!! Easy yes?

 

[Silverplum]

What is the name of your state (only U.S. law)? WI

I've noticed while watching "COPS" on TV, they usually ask someone they stop the question, "Have you ever been arrested before?", and then when the person answers "yes", then the cop asks for the details about it. Why do they do that, and is it necessary for the person to answer? The police have all that information on their computer records, so it's not as if they couldn't look up the data in a couple minutes themselves. I don't see how a person being stopped and questioned would be obligated to reveal the details of prior arrests. So why do the police ask, and would I be required to answer?

He wonders for himself.

 

[Just Blue]

He wonders for himself.

Curious about what some people wonder. I, myself, have never "wondered" what to say to the police upon arrest.

 

[cbg]

When I was in Sacramento, my shift had a Cops crew following us around for about 8 weeks. I don't recall them ever asking us to ask certain questions. But, it would make for more interesting TV.

But, it's a common question - I asked it of two people I detained just last night.

Fair enough.

 

[CdwJava]

Don't they have the ability to radio in the person's name, license ID, or other info. to dispatch and get the information that way?

Wants and warrants, and state supervised release, out here. Criminal offender info here cannot be read out over the air, and only if the officer has good cause to retrieve it can he do so. He might be able to ask the dispatcher about local contacts, but this NOT common practice anywhere - at least not without a more extensive detention or investigation.

Other than parole information, it really shouldn't matter whether or not someone was arrested in the past. What should matter is whether or not the person did anything wrong at the time of the current stop. People shouldn't be re-arrested or harassed based on something done in the past.

There are a lot of reasons why we ask that. As mentioned, it gives us some idea of the truthfulness of a person, their cooperation and attitude, and even their criminal history. There are a number of reasons why asking it is not only good policing, but a good gauge of a person as well.

The question is common enough that I'd say I probably ask it in at least 20% of my non-traffic detentions - close to 100% of non-traffic detentions of people that I do not know.

 

[dave33]

Don't they have the ability to radio in the person's name, license ID, or other info. to dispatch and get the information that way? Other than parole information, it really shouldn't matter whether or not someone was arrested in the past. What should matter is whether or not the person did anything wrong at the time of the current stop. People shouldn't be re-arrested or harassed based on something done in the past.

What you feel should and should not matter has no relevance.Respectfully.

 

[Subjection]

Don't break the law and you won't have to worry about this!! Easy yes?

I think it's self-righteous to assume that if a cop questions me, then I MUST have broken the law. That's basically assuming that not only is an accused person to be presumed guilty, it should even be presumed I'm guilty even if I am questioned.

Small wonder people have to be cautious when dealing with the police.

 

[Subjection]

There are a lot of reasons why we ask that. As mentioned, it gives us some idea of the truthfulness of a person, their cooperation and attitude, and even their criminal history. There are a number of reasons why asking it is not only good policing, but a good gauge of a person as well.

If a person exercised their right to not answer that question, what would it tell you about them?

 

[Subjection]

What you feel should and should not matter has no relevance.Respectfully.

Let me word it a different way then. A person should not be harassed or threatened by law enforcement on a repeated basis based on past activity. The job of law enforcement is to enforce laws, not to harass or threaten people concerning their past.