Another reason not to talk...

[Rookie]

I've been pounding it into my kid's heads that their best protection is a closed mouth. Far too many people think that they can talk their way out of things, or they have nothing to hide.

Did you know that it's illegal to lie to a federal agent? Did you know that your silence can be used against you? Scary stuff...

How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Governme...

 

[gunman41mag]

I've been pounding it into my kid's heads that their best protection is a closed mouth. Far too many people think that they can talk their way out of things, or they have nothing to hide.

Did you know that it's illegal to lie to a federal agent? Did you know that your silence can be used against you? Scary stuff...

How to Avoid Going to Jail under 18 U.S.C. Section 1001 for Lying to Governme...

All I can say, is talk to my "LAWYER"

 

[Ragenarok007]

In college I met a student who told me he was a member of the NRA and the ACLU. I told him I thought those two organizations seemed to be strange bedfellows. He replied "I like my right." It got me thinking. One of my law professors put us on to the civil rights card the ACLU puts out. You keep it in your wallet and if a police officer approaches you all you do it hand it to him. It says something like, "If I am free to go I wish to do so right now. If I am being detained I invoke my right to remain silent, etc." Basically you are communicating the proper information to the police officer but you can't be tripped up with any tricks

 

[Rob377]

That's how they got Martha Stewart and Scooter Libby.

 

[jedi]

In college I met a student who told me he was a member of the NRA and the ACLU. I told him I thought those two organizations seemed to be strange bedfellows. He replied "I like my right." It got me thinking. One of my law professors put us on to the civil rights card the ACLU puts out. You keep it in your wallet and if a police officer approaches you all you do it hand it to him. It says something like, "If I am free to go I wish to do so right now. If I am being detained I invoke my right to remain silent, etc." Basically you are communicating the proper information to the police officer but you can't be tripped up with any tricks

Is this the card you are talking about?
http://www.aclu.org/files/assets/bustcard_eng_20100630.pdf

 

[malachi_s]

Is Indiana a state that mandates you give them your name, and if so, is it documented and where would I find that document please?

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You have the right to remain silent [FONT=DIN,DIN][FONT=DIN,DIN]and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.
[/FONT][/FONT]

 

[ElsiePeaRN]

Is Indiana a state that mandates you give them your name, and if so, is it documented and where would I find that document please?

IC 34-28-5-3
Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.


IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
As added by P.L.1-1998, SEC.24.

Indiana Code 34-28-5

 

[jdhaines]

My understanding is that you only have to self-identify if you are suspected of violating a code or statute. If you have done nothing wrong then you don't even have to give them your name. I would assume that if you are breaking a rule and don't self-identify you would be guilty of a type of misdemeanor...


EDIT: ^^ <---Owned...

 

[grimor]

a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation

So if they ask your name, can you ask them what infraction or ordinance they suspect you violated? and if they refuse to answer then can you refuse to answer, or would that make you in violation of IC 34-28-5-3.5 in which case he would then have suspicion that you then did commit a violation of IC....

 

[ElsiePeaRN]

So if they ask your name, can you ask them what infraction or ordinance they suspect you violated? and if they refuse to answer then can you refuse to answer, or would that make you in violation of IC 34-28-5-3.5 in which case he would then have suspicion that you then did commit a violation of IC....

IC 34-28-5-3
Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;...

One would assume from the above that they must inform you of the allegation that led to the detention, but nothing here suggests that if they do not, you are exempted from the requirement to provide your identification information.

 

[E5RANGER375]

So if they ask your name, can you ask them what infraction or ordinance they suspect you violated? and if they refuse to answer then can you refuse to answer, or would that make you in violation of IC 34-28-5-3.5 in which case he would then have suspicion that you then did commit a violation of IC....

yes, they better. because according to the statute they must first inform you of what they suspect you of violating.

I think its great that some cops are really cool and try to be nice to the citizens they stop and offer up some chitchat (maybe about guns for example), but Im sorry, I would just rather keep the entire stop professional and attend to the business at hand, because Im well aware of the fishing cops are trained to use, and even though I have nothing illegal in my car or on me etc, I still do not consent to searches and I wont be offering up any perceived probable cause to warrant a search either. on a TRAFFIC stop I will give my license insurance and registration info. and make it clear I will not make ANY statements, answer ANY questions and I do not consent to ANY searches.

give me my fine from the king and let me pass.

for example:

guns in indianaolis city parks are illegal (even by legal owners). I will carry mine anyways (it will be concealed. the city ordinance is unconstitutional and soon to be overthrown by the state). lets say a cop stops me in the city park (trust me, he WONT see it), and wants to know what im doing there etc..... just to shoot the ****. and then we start randomly talking about guns, and then he ask if I have one on me? you see how just casual conversation with a cop can lead to bad things for you?
now im not saying this WILL happen and im not saying ALL cops are like this, (I have cop friends that definitely arent like that), but is it worth the chance of a ticket or a trip to jail or the confiscation of your gun, or possibly being shot with your own gun or his? its all happened. not worth it to me. I do not volunteer any info to cops.

 

[malachi_s]

IC 34-28-5-3
Detention
Sec. 3. Whenever a law enforcement officer believes in good faith that a person has committed an infraction or ordinance violation, the law enforcement officer may detain that person for a time sufficient to:
(1) inform the person of the allegation;
(2) obtain the person's:
(A) name, address, and date of birth; or
(B) driver's license, if in the person's possession; and
(3) allow the person to execute a notice to appear.
As added by P.L.1-1998, SEC.24.


IC 34-28-5-3.5
Refusal to identify self
Sec. 3.5. A person who knowingly or intentionally refuses to provide either the person's:
(1) name, address, and date of birth; or
(2) driver's license, if in the person's possession;
to a law enforcement officer who has stopped the person for an infraction or ordinance violation commits a Class C misdemeanor.
As added by P.L.1-1998, SEC.24.

Indiana Code 34-28-5

Thank you ElsiePeaRN

 

[dross]

Martha Stewart's conviction was an abuse of the law.

Good advice on that post. Law enforcement officials have the power to wreck your life, and every interaction with them is potentially perilous.