Chris0nllyn
Well-Known Member
....then read her Miranda right that she "has the right to remain silent."
Woman arrested for remaining silent...
- Thread starter Chris0nllyn
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steppinthrax
Active Member
She refused to identify herself, she refused to roll down the window.
You don't get read your Miranda rights until you are placed under arrest. She refused to comply with police orders.
These are situations of how simple situations of being respectful to police and complying with their reasonable request could have ended up with her getting a simple traffic infraction and going home to sleep in her bed that night, instead of sleeping in piss laced cell.
Chris0nllyn
Well-Known Member
No. The officer placed her under arrest for interfering with his investigation, then told her she has the right to not answer his questions and has the right to remain silent. Those rights don't suddenly appear after someone gets arrested. Which is why the case got dismissed. That's because NJ defines "obstruction" as:
http://law.justia.com/codes/new-jersey/2013/title-2c/section-2c-29-1
In this case, the officer clearly got pissed off she wasn't answering him. She complied with the requirements of the traffic stop (considering she is a lawyer, I think she may know what she needs to do. Clearly, she was right). The officer, like many others, are ignorant of the laws they enforce. And thanks to recent SCOTUS decisions (Heien v. N. Carolina being one), an officer's ignorance of the law is an excuse, further decreasing a shrinking liability for officers who go on these power trips.
The idea that the public simply stay in line and don't exercise their rights as American citizens is laughable.
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Chris0nllyn
Well-Known Member
It popped up again because it's now a federal lawsuit.
http://www.nj.com/politics/index.ss...ilent_d.html#incart_2box_nj-homepage-featured
This_person
Well-Known Member
My first thought is to almost fully agree with this, followed by saying, "but what does it hurt to just answer simple questions?"
After a little bit of reflection, what it hurts to just answer simple questions is not the right question to ask, because it implies civility is a requirement of citizenship, and it is not. While I do not see the point in not answering basic identification questions, I don't HAVE to see the point; she has the right to remain silent, and that's all there is to it.
Chris0nllyn
Well-Known Member
The reading of Miranda rights do not say "Anything you say can and will be used for you." Everything you say can and will be used against you.
By asking "do you know why I pulled you over", the officer is asking her to imply her own guilt. Remaining silent is a good way to not do that.
If a citizenry wants to "answer simply questions" (officers aren't asking these questions to be best friends), fine, but police also need to realize that same citizenry has the right not to do so. It may be disrespectful. It may even cause a little bit of extra work on the officer's part, but it's NOT illegal, and should NOT be grounds for an illegal arrest. Unfortunately, it doesn't matter much since these officers rarely get in real trouble for it. The citizens are the ones stuck missing work, paying for a layer, going to court, etc.
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if you say yes, you are admitting guilt, if you say know, well maybe you are reckless ........
IMHO better to return the question with a question - why did you pull me over ?
the last time I got pulled over the trooper said up front,
I stopped you for not wearing your seat belt ... license and Registration Please
DEEKAYPEE8569
Well-Known Member
"Do you know why I stopped you?"
"Nooo.....but I bet you think you do."
"Step out of the car; keep your hands where I can see them."
D*mn /:-\
"Nooo.....but I bet you think you do."
"Step out of the car; keep your hands where I can see them."
D*mn /:-\
Rommey
Well-Known Member
I can appreciate the right to not answer questions, but there should be some acknowledgement of the officer asking questions. A simple response stating she wasn't answering questions would at least tell the officers she heard them and she invoking her right to not answer questions. I think in this instance, a simple acknowledgement would have likely prevented from escalating to the point it did.