Lawyer refuses to answer questions during traffic stop, gets arrested

I don’t think all cops are bad, nor do I think most others here think that. People who support good government appreciate the basic roles the police as first responders and their stated function in society. Everyone knows it’s a dangerous and stressful job, and most are glad someone else has chosen to do it.

That said, I am wary of all cops because they’re accorded a lot of power and you never know when you’ll get a bad one; this despite the fact that I’m a ridiculously privileged guy whose appearance and demeanour seems to communicate “possible lawyer” (which I am not). For cops I’m one of the “good” taxpaying people they do believe it is their job to “serve and protect” rather than “police.” For them to look at me is to know they “work for me,” so chances are they wouldn’t mess with me if I behaved like this woman (which I might, depending on circumstances). With all that I still find it’s useful to start from the position of polite wariness.

Why? Well, years ago in NYC I dated a woman who had a lot of cop friends, and so ended up at a few cop parties. Nice folks, for the most part, like your neighbours; not all lily white, and on the job in the country’s most ethnically diverse city. I heard a lot of interesting stories that made me sympathetic toward their difficult jobs.

But here’s the thing: I’m one of those quiet types who can end up blending into the scenery to the point where those around me forget I’m there and begin to talk amongst themselves … candidly, in an in-group kind of way despite the presence of an outsider. So I also heard opinions about methods (i.e. shortcuts, ruses, workarounds to the law) and about racial and ethnic and class groups of civilians that were quite disturbing to me but were met only with agreement by their colleagues. Again, these were not members of an exurban police force or a rural county sheriff’s dept, but New York’s Finest.

So after that, and after too many news stories like this (and worse) I can’t blame members of those racial and ethnic and class groups for being wary of anyone in a LEO’s uniform, and a lot more wary than I am. Being aware of one’s own privilege means being aware of the lack of privilege others enjoy, and that applies to civilians’ relationships to the police. Ultimately I believe that’s what the majority of people are expressing here, and if you can look at in that way you might take this thread as an opportunity for discussion rather than as an occasion for angry confrontation.

That’s the reason people are suggesting that you chill/take 5/relax, and give some thought to those who don’t feel they have the option not to incriminate themselves (the reason for her silence), who don’t have friends on the force, and who aren’t privileged enough for police to automatically consider themselves their “servants.”

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From the point of view of an attorney, so is someone asking you a question intended to bait you into incriminating yourself. This isn’t a party or work meeting, and the police aren’t pulling people over for a polite chat.

Since she’s a professional who seems to take the law as seriously as her father did, I’m guessing the answer is yes. That’s before we take into account the big juicy settlement she’s going to get from the NJ State Troopers for the aggressive incompetence of these two so-called “rookie” officers.

I do feel kind of sorry for their supervisor. When he saw that video his stomach must have dropped through the floor into the molten core of the Earth before he quickly had to recover it and start kissing her butt.

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I’m sorry, but without context that’s so much namecalling. You can namecall, but that’s hardly rising above the fray, is it?

She passed a week before my dad, but thank you for the sensitive words you “not at all a bully” you!

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This is one of those videos that makes me not like lawyers. Not responding at a traffic stop is gonna get you into trouble. You don’t have to answer questions, but you do need to be responsive. Being rude doesn’t hurt, either.

IANAL, but I am certain I`ve read you have to as provide your name (not evidence of, just a verbal) if asked by a policeperson.

And, if driving, show proof of competence (license) and, depending on jurisdiciton, vehicle ownership, and maybe proof of insurance.

Maybe I misread?

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IF you’re so sure how she felt about it, THEN surely you know if it was worth her time or not!

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More or less this. Just ask “Why did you pull me over?” with no “No” involved. Me, I doubt I would withhold my snark long enough to avoid doing.

“Hmmm… no, that’s not it… wait, maybe, no, but that’s okay… let me think about it… no, that would be stupid… I got this, just a sec…”

Which is why it’s a good thing I don’t drive in the USA.

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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!

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That concept may be harder for some here to grasp than others. I often am the subject of (projection screen for) mind readers in these comments.

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But if you -are- your lawyer?

Oh yeah, that makes your client a fool.

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Thank you for providing your informed and professional opinion.

Many of us can play armchair attorney all day, so it’s good to hear from someone that actually knows what they are talking about.

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The supposed land of the free and government agents are routinely lording over citizens, treating them like dirt and beating the shit out of them without consequences.

The conscious disconnect is incredible.

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Lying to police is not illegal. Perhaps you’re thinking of federal officers.

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Police officers in the USA are quantifiably more violent than police officers in other western democratic nations.

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Lying to police in of itself isn’t a crime unless you lie about your identity.

Also, lying can be used against you in court if evidence refutes your statement.

(However, as @john_c notes, the rules are different when it comes to feds.)

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The cognitive dissonance required to become complacent is pretty enormous, and it’s not going to just create itself! The less people feel like leaving the house, the easier LEOs work gets.

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You think that in our constitutional republic that the police are here to serve, or do you think that the police are masters and must be obeyed no matter what your rights? When you do not stand up for your rights, you do not have any. As far as “anything good”, I disagree. There will be some good. The police will be found to have violated her rights and in this department at least, a lesson will have been learned and this error hopefully not repeated.

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Failure to answer, just as failure to consent to search, does not in any way constitute a basis for reasonable suspicion. Your red flags? They aren’t red, they are authoritarian. And the rest of your comment (Depending on the state/jurisdiction/phase of the moon, overt avoidance of one of their observation metrics could generate actionable, reasonable suspicion …) is, in these United States at least for now, just flat wrong.

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Does not matter why. It is her right, my right and your right, at least in the US of A as of now.

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Rights have nothing to do with trust. The police can NOT demand that you speak with them. This department/municipality WILL pay.

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