Quote:he mentioned that a local business had been robbed and that I fit the description of the perp...which turned out to be [BAD WORD REMOVED] because they caught the guy 2 hours later and he was 4" taller and about 100 lbs heavier than I am. The only commonality was that I happen to be a black male within a 3 mile radius from where the robbery occurred. He ran my license, which took entirely too long considering there's nothing on my record and seemed genuinely saddened he didn't have anything to hem me up on. He even followed me to the bank and watched me make my deposit from his car before driving off.

 

Witnesses often misinterpret some of their observations. Height and weight is typically one of the worst descriptions given, so they're not usually relied upon unless it's when someone is exceptionally tall or short. 

 

You could have, however, matched the clothing description and you were in the area while holding money. There's usually a whole lot more to those situations than they tell you.

 

Quote:In most states an officer cannot compel you to roll your window down further than is needed to speak or pass papers through.  He cannot order you out of the car for a traffic stop.  In a DUI stop (non-traffic related stop) you are not required to provide license and registration since there was no reasonably articulable reason to stop you.  You may have to orally provide name, address and date of birth.  That is considered identifying yourself in most states. 

 

In many states any time you are detained by police it is considered a "custodial arrest".  In a custodial arrest the officer may not conduct an investigation without fully informing you of your rights.  The moment the officer asks the first question, he is breaking the law unless he first informed you of your rights.  And if he does inform you, that's when you insist on having an attorney present. 

 

The cop will go ballistic and threaten you very loudly if you stand on your legal rights.  He wants you very badly to waive those rights.  Just be respectfully silent until they let you go. 

 

An officer can't make you roll the window down, but they can certainly make you get out of the vehicle for a traffic stop. They don't even need a good reason. Supreme Court already decided on that one. 

 

The argument against DUI check points have always been against the reasonable articulable suspicion (RAS) and for good reason. I don't like them, but they're technically legal. You have to identify yourself in a lawful DUI checkpoint if the officer establishes RAS after the initial encounter, even if it didn't exist before it. The Supreme Court has determined that the average 25 second delay does not unreasonably burden the driver and the State's problem with DUIs far exceed such a minimal delay. 

 

 

Quote:TLR, all cops are liars, and many cops are scum. They don't ask questions to make conversation. They ask questions because you are a criminal who owes the state some of your time and a lot of your money, and idiots who don't know and exercise their rights perpetuate that system. Don't cooperate with terrorists. Answering questions in general, but certainly at an unlawful checkpoint, detainment, questioning or stop, is no better than handing Hitler your birth certificate and asking for a star.

 

#Godwin

 

#butitstrue

 

#Giveitafewmoreyears

 

The amount of foolishness in your posts is astounding. 

 

 

Quote:That's horrible advice.  When you comply, you waive your rights.  As soon as you are detained, you are in "custodial arrest" and the rules just changed.  Did you know they changed?  Do you know how to proceed under "custodial arrest"? 

 

You don't waive your rights when you comply. 

 

Berkemer v. McCarty, Maryland v. Shatzer, California v. Beheler, and Howes v. Fields all contradict your statement. It has to be an arrest-like situation or immediately after arrest should the interview continue. Traffic stops and pedestrian stops are not considered "in-custody" for Miranda purposes.

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