There are some genuinely nice men and women serving in law enforcement. That stated, any time when a law enforcement officer is asking you questions, be aware that 1) law enforcement officers are under no obligation to tell the truth about what they are doing (they can lie to you in an effort to get you to disclose things that could lead to more citations or more criminal charges or even arrest); and 2) law enforcement officers are trained (whether formally or informally) to engage in seemingly innocent chit-chat to probe for evidence of crimes you may have committed (whether you may be aware you’ve committed them or not—you’d be amazed how many innocent or seemingly innocent things count as crimes).
When an officer asks something like, “So did you raise your arms as your boyfriend/girlfriend ran toward you?,” you may believe the officer is asking questions about self-defense. Probably not, sorry to say. Instead, the officer is likely trying to get you to admit (or something that can be construed as an admission) that you “made violent or threatening gestures” because “he/she admitted that he/she raised his/her arms as the boyfriend/girlfriend ran toward him/her.”
Another example: the officer asks, “What did you say to your husband/wife?” That officer is trying to get evidence that you made a threat, not that you didn’t. And if you say to that officer, truthfully (and without ever intending it to come across as anything even close to a threat), “I told my husband/wife, ‘You’ll regret it if you do that’,” then the officer could twist that as a threat of physical harm. If you’d never said anything, there would have been nothing to twist.
Do you see a principle emerging here?
If it feels rude to you not to engage in the “polite conversation” with the officer, a sneaky or corrupt officer is counting on that and will act angry or hurt over it. Don’t fall for it.
Best practice: don’t answer questions. “Anything you say can and will be used against you” is real.
When asked for your name or “Do you live here?,” go ahead and answer those questions, and answer honestly. But beyond that, you don’t have to answer questions. And you don’t need to explain why; so, if the officer asks for an explanation or reason for the refusal, don’t give any. Just refuse.
“But I have nothing to hide!” you say? Do you see how that does not matter?
“But the officer says I’m going to be arrested if I don’t talk!” you say? Do you see how the officer isn’t asking you to talk for your benefit? If you’re going to be arrested anyway, don’t make it any easier by offering evidence against yourself (and it’s all evidence against yourself).
Beware of the chatty, curious officer. Don’t answer questions. As professor James Duane says, “You have the right to remain innocent.”
You Have the Right to Remain Innocent: Duane, James: 9781503933392: Amazon.com: Books
YouTube “You Have the Right to Remain Innocent” (James Duane)
Don’t Talk to the Police Redux (James Duane)
YouTube “Don’t Talk to the Police” (James Duane)
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