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Old 01-15-2022, 10:47 PM
unsunghero unsunghero is offline
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Join Date: Aug 2015
Posts: 8,328
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I’ve learned a lot about police stops as well. Police are allowed to stop you and ask you questions at any time, regardless of whether you are appearing to be breaking any laws or not. They can, for example, ask you if you were a witness to a crime they are investigating that has nothing to do with you

While they are allowed to ask you, you are NOT under any legal obligation to answer, and your refusal to answer cannot be legally proven as “obstructing”. The only circumstance where you are legally required to provide an answer or otherwise be considered as obstructing, is if the cop says to YOU in a clear manner, that they have evidence or suspicion that you have committed or are committing a crime

So an example, a cop can ask you if you happened to see a mugging that took place 2 houses down from you yesterday. You can respond “I don’t need to answer you pigs”. Your insult is legally protected speech, you can also not be charged (legally and fairly although it could still happen lol) with disorderly conduct for that. Normally disorderly conduct is words or behaviors which pose a disruption or danger to the public, something like that

There is a certain degree of insulting communication which crosses into “fighting words”, which is an actual legal term (bet you didn’t know that). If the insulting communication seems to be with the intent to provoke a physical confrontation with the cop, or an extreme threat to the cop, then that is no longer first amendment protected speech. So for example, you couldn’t say something like “fight me you fucking coward ass pig”. Or something like “I’m going to kill your children”. But you don’t have to answer, and yes you are legally allowed to be rude to and to insult the cop (not recommended though)

But back to the other scenario. Let’s say the cop says “we had a home broken into near yours yesterday, and your truck matches the description witnesses gave of the one leaving, I have some questions for you”. The cop had communicated suspicion that you have committed a crime, now you ARE legally required to answer his questions, or else you are legally obstructing an investigation and could be charged. I do not think that requesting your or any lawyer before answering is considered obstruction, but I believe they can detain you at that point until a lawyer is provided. I’d have to look into that

One thing you can check is by asking if you are being detained or if you are free to leave. A cop is not allowed to detain you unless under that circumstance I detailed above. And they also are not legally allowed to detain you longer than seems reasonably necessary for the investigation. So if you piss the cop off and he makes you stand at street corner not answering questions but not allowed to leave just generally wasting your time, he could get in trouble for that

Anyway, that’s it off the top of my head