I will say this, If I was being questioned by you, it is one's right too remain silent....put another charge on me because your investigation gets shut down by me excercizingng my rights....now you have 2 charges that will get thrown out by even the sorryest public defender much less a good attorney . And yes it would be done tactful and respectful.

 

The key in your sentence is "investigation". If an investigation is ongoing...then you do have the right to be silent and it should be used if possible. The problem is when people try to "remain silent" when they are required to answer "non-incriminating" questions. Those should be answered tactfully and carefully.

Dont get me wrong, Im not trying to be an ass...just make sure the right info gets out. When I was patrol...if someone were to just refuse to answer any and all question (be a dick) then I also would not be as friendly. 9 out of 10 times that person ended up in jail for one reason or another. Just remeber Obstruction of Justice is a catch all charge and is used widely for situations were people are being "not nice". And yes those stick in court.

if I was drunk and got pulled. I would be respectful and answer the basics. If it turns into a Dui investigation . Then I would refuse to do all test. I would go to jail for fail to submit/comply with field sobreity. Post my bond and get an attorney (not public defender).

not many people in my proffession that dig mustangs...lol

 

I have to admit that you are, perhaps, the nicest and best spoken cop I have ever had the opportunity to speak with. That being said, cops have a tendancy to ask incriminating questions BEFORE reading you your rights. Incriminating question #1: "Do you know why I pulled you over?" If I know why (I was speeding for example) and I answer "Yes, I was speeding", then the cop has nothing else to do but write the ticket. If I answer "No" then he goes on to ask other incriminating things....Usually, it goes something like this "I pulled you over for speeding. Do you know how fast you were going?" NOW, if I answer "no", then he can (and usually WILL) write the ticket for whatever he has already locked on his radar at the time (which could have been from the car he pulled over two hours ago). If you answer "yes, I was going 45 mph. Isn't that the speed limit here?" He may dig further in his attempt to get you to self incriminate. Usually though, they say something like this "Really? I got you doing 57. Yes, the speed limit along this road is 45 mph. When was the last time you had your speedometer checked?" Well, now, hardly ANYONE has their speedo "checked" for accuracy, so the answer would be "uhhhh...Never?" Bingo, cop writes another easy ticket. If, however, (as happened to me) You tell the cop like it is:"This car is a 2009, and I just got it back from servicing. I'm sure I can ask them to check the speedo today", then you may find yourself getting out of a ticket. ESPECIALLY if you have another person in the car with you.

Cops are sneaky, so be careful. If you incriminate yourself in the field, then there is no help for you in court. They will use underhanded tricks to get you to incriminate yourself, such as tell you it is illegal not to do certain things like have sex with them and many many oth.....wait....Thats for a different thread. Forget that. LOL You get the point though.

 

I was trying not to brag. I know my wife would kill me if she saw this post and what I said about my get out of jail free card but its true. Like I said before. I got out of going over 70 in a 55 because she was in the truck with me and the deputy knew my wife. He ran my license and came back in 5 mins with a slow it down and have a nice day. Had she not been there I would have had to either take a class or pay one of her lawyer friends to get me out of it.

As for the DUI,.. so long as I'm not falling on my face drunk (Which I havent done in almost 15 yrs) you and I both know I wont get a DUI if I use my get out of jail free card. Its just how its done. But my main point was that there are other ways to make it difficult for them to prosecute you for DUI if you dont give them the evidence they need. My wife already told me how to handle myself if it ever happens. She was started out as a corrections officer in Lee county and then got road certified and went to work in Orlando. Now she does retail fraud and I'm not sure what else here in Pasco. I dont like what she does so its like dont ask,.. dont tell. Less worry for me.

Hurst

 

I've considered getting into some type of law related career in the future - I'm undecided. I spent my highschool years being a criminal justice student in one of the local magnet programs, and learned a whole HELL of a lot about it.

 

When you are pulled over, for one reason or another, especially if its late at night, you are under "investigation". Around here, they will pull you over, supposedly for a tag light, but in reality its for a DUI stop because tag lights work. I spend 90% of my time on the road at night and have been pulled 4-5 times in months for this same reason. This and the many bonds I write, comes with very similar stories. Im on the other side of the arrest process, directly after being arrest because I bond them. I'm notan ass when pulled over, actually I laugh when Im told my tag light is out. I like when asked, "what are you doing out so late?" When I tell'm I'm looking for business, kinda breaks the ice . I tell them I'm out doing pick ups (warrants). The ask what I do....give the my credentials and immediately get everything back without even going back to thier car to "run my license". I'll tell them to be safe and I'm on my way within less than a minute.

As far as the "obstructing or opposing" as I said earlier, thats what I was referring to when i said that will get thrown out also . When I was saying you have the right to remain silent.... would be if your asked if you been drinking. From that point on, its in one's best interest to excersize thier rights. I really am a law abidding citizen and will not drink or drive, its just there are so many that is misinformed on this and MANY other aspects of the law. Just read some of the posts. As far as quoting statues, that is for your attorney to use in court. Most pick up bad info from being arrested or knowing someone that was arrested and given false info by the arresting officer, so they can get thier conviction. People take it as being factual, when truthfully they are being lied to. That was the main reason of starting this thread, because an officer lied to a firefighter about taking the breathe test and more than likely he will loose his career because of not knowing and being trustworthy of another public servent professional. Thanks for your input daimond.

I told you 95Cobra, you never know who's out there. Ive met a lot a decent officers in my business and I've met some worthless ones, the ones that look for a reason not to leave the 7-11 and do something useful. For the most part, most enjoy thier jobs and like getting involved when we ask them to back us up. They know we get to go in verses hoping someone answers the door

 

Wasnt taken that way.....good to see someone post that knows vs. most that think they know and really are clueless. I crack up at people that "know" they dont have to answer thier door after they miss thier court date and want to tell me this from the other side of the door. " I aint got to open my door, you aint got no warrant" SURPRISE!!!! Now you have to fix your door when you get out

 

You know, thats a really bad practice in Florida.

I mean, thats a REALLY, REALLY bad practice in Florida.



I mean, I can't even begin to tell you how bad of a practice that is in Florida.





You mark my words. Its not 'if' its 'when'. People in this state have a lot of guns, a sense of entitlement and security in their own homes, and your clients have little to no respect for the law. One of these days, when you bust into someone's house, they're going to put a bullet in you. Even if you're wearing a vest, at point blank range if they have a shotgun, powerful handgun, or rifle, you're still doing to die. Barging into a situation like that, where your target knows you're coming and has the home field advantage is just asking for trouble.

I know it may be part of how you make a living, but I'm just sayin'. Busting in people's doors is a very, very, very bad move. Leave it to the cops and their warrants or probable cause.

 

I dunno,..

If I stand to lose $50k and the 15 - 30mins it takes for an officer to get there means them getting away vs me kicking in the door and turning in the schmuck to secure my $50k investment. I'm kicking in the door. I cant imagine Tommy kicking in a door unarmed.

My wife told me a story when she was on a raid and they kicked in a door and the 2 inside started shooting. She said you dont think,.. your training kicks in and you instantly react. She told me that she purposely aims for the balls if she has to shoot someone. Needless to say,.. she's still here.

Hurst

 

There was recently a story about cops that stormed an old woman's house. It was the wrong house. The woman was OLD. Like, 90s type old. She shot three cops with a revolver before they gunned her down. Storming a house is the single most risky position you can put yourself in; all they have to be doing is crouching down behind a corner with the barrel of a gun pointing at the entrance and you won't even have a chance.

But hey, I'm just an armchair Rambo with a safe full-o-guns. If you want some credible info, ask someone in SWAT or military infantry about this and see what they say.