Posted by Mike (WA) on January 16, 2012 at 15:12:05 from (174.31.215.223):
In Reply to: Re: OT Gvt run amuck posted by mkirsch on January 16, 2012 at 13:09:42:
Actually, its a pretty smart thing to say, if he doesn't put you under arrest immediately, and just keeps asking questions.
Reason- he has to have evidence, and probable cause, to arrest you, and if he does, he has to "Mirandize" you (you know, right to remain silent, etc.). But he can work up some evidence without the Miranda warning, if you are willing to shoot off your mouth. But he won't arrest you without probable cause, even if you dare him to. But even if he has you in the back of the patrol car while asking questions, courts say you still are "free to go" (so you can still incriminate yourself), even though it doesn't seem like it, because you could have just asked.
So if he's asking a lot of questions, he's probably "fishing", and doesn't have grounds to arrest, because if he did, he'd have arrested you right off the bat. By asking if you are "free to go" before you talk too much, you may just do yourself a favor.
The exception: If he comes upon you in a parked car, and you are obviously intoxicated, he will not have probable cause for DUI, because he didn't see you drive. So he will ask some questions, then say you are "free to go". Don't go. If you do, THEN he'll have you for DUI, because he knew you were drunk, and all he needed was the driving.
Note that answering questions, especially if you are intoxicated, is a bad idea. Even if you don't incriminate yourself with the content of your answers, there isn't a cop alive who won't say your speech was slurred, and court can infer intoxication just from that. You can just decline to answer questions, and you can decline to do the physical tests. Just don't decline the breatholyzer.
We sell tractor parts! We have the parts you need to repair your tractor - the right parts. Our low prices and years of research make us your best choice when you need parts. Shop Online Today. [ About Us ]
Today's Featured Article - Restoration Story: Fordson Major - by Anthony West. George bought his Fordson Major from a an implement sale about 18 years ago for £200.00 (UK). There is no known history regarding its origins or what service it had done, but the following work was undertaken alone to bring it up to show standard. From the engine number, it was found that this Major was produced late 1946. It was almost complete but had various parts that would definitely need replacing.
... [Read Article]
Latest Ad:
1964 I-H 140 tractor with cultivators and sidedresser. Starts and runs good. Asking 2650. CALL RON AT 502-319-1952
[More Ads]
All Rights Reserved. Reproduction of any part of this website, including design and content, without written permission is strictly prohibited. Trade Marks and Trade Names contained and used in this Website are those of others, and are used in this Website in a descriptive sense to refer to the products of others. Use of this Web site constitutes acceptance of our User Agreement and Privacy Policy
TRADEMARK DISCLAIMER: Tradenames and Trademarks referred to within Yesterday's Tractor Co. products and within the Yesterday's Tractor Co. websites are the property of their respective trademark holders. None of these trademark holders are affiliated with Yesterday's Tractor Co., our products, or our website nor are we sponsored by them. John Deere and its logos are the registered trademarks of the John Deere Corporation. Agco, Agco Allis, White, Massey Ferguson and their logos are the registered trademarks of AGCO Corporation. Case, Case-IH, Farmall, International Harvester, New Holland and their logos are registered trademarks of CNH Global N.V.
