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Technically the cop was right. She never asserted her 4th or 5th amendment rights (and, something I disagree with, you are required to assert those rights to end questioning), so he could continue questioning and she was obstructing.
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I don't think any law requires you to tell a cop where you have been or where you are going. Or to answer the question "do you know why you were stopped".
Technically the cop was right. She never asserted her 4th or 5th amendment rights (and, something I disagree with, you are required to assert those rights to end questioning), so he could continue questioning and she was obstructing.
Technically right might make it through court, but he was wrong in what he did. If he could build probable cause in the stop, then that is what he should have done despite her obstructing and without any answers from her. If he could not do this, then he should have let her go (or written the appropriate ticket and hash out the evidence later in court). I think the ruling requiring assertion of the right to remain silent needs to go away.
Obstructing???? That is a far stretch and 9 out of ten judges would laugh a cop out of Court and throw the case file in the garbage
it doesn't indicate anywhere that she wasn't making any funny faces or doing the delayed Chevy Chase mimic everything you say while the cop was talking to her, she could have been antagonizing him and that might be against some law or something.
I have never arrested anyone for not talking... There isn't any penal code you could arrest for.... Even obstruction would be inappropriate and would never stand legal challenge.
Again..half truth stories by uber anti police websites are not good sources of info... Nice for those sensational stories and one sided citybashes
I have never arrested anyone for not talking... There isn't any penal code you could arrest for.... Even obstruction would be inappropriate and would never stand legal challenge.
Again..half truth stories by uber anti police websites are not good sources of info... Nice for those sensational stories and one sided citybashes
half truth? Anti police websites? Your post is a pathetic attempt to defend all abusive LE actions.
No not really. If I pulled this crap where I'm from I would be suspended at the leaat
That may be true but it still happens.
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