I’m a criminal defense lawyer who occasionally gives presentations about not talking to police. This video shows absolutely the wrong way to do it unless you’re intentionally playing some long game to get yourself unlawfully arrested (as this person did). You’re a lawyer? Congratulations. Your dad was a prosecutor? So what. Don’t even get me started on the high drama of listing out your bar number like you’re a military officer taken prisoner.
The only question you answer directly in a traffic stop is “do you know why I pulled you over?” and the answer is always “no.” Unless you are psychic, you do not know what went through the cop’s mind when hitting the button to make the lights flash and the siren wail.
As to the other questions, being silent or non-responsive can be used as an excuse to investigate, so the key is to simply respond with “I am not going to answer any other questions without a lawyer present.” Invoking your Fifth Amendment rights is never a lawful basis for suspicion. If you’re asked to do something, decline. If you’re ordered to do something, comply. If it’s unclear whether you’re being asked or ordered, ask the officer.
The key is to avoid incriminating yourself, avoid escalating, and actually get to your destination without a detour to a holding cell!
