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04-20-2017, 03:26 PM #1UnregisteredGuest
Can police retaliate against a citizen for refusing to answer questions?Originally Posted by Orin Kerr
Florida attorney's recommendation:
04-20-2017, 04:28 PM #2UnregisteredGuest
04-20-2017, 05:24 PM #3UnregisteredGuest
- the DL can be slipped through the window or
- the driver can hold the DL up to the rolled-up window for the officer to read (but he can't touch or hold it).
If the driver holds his DL up to the window for the officer to read it, then did the citizen provide his DL? Or is there case law that says that an officer must physically touch (or hold) a DL for it to be valid? A computer check quickly reveals if it's valid or not.
Here is an example of how a citation can be valid, even if the driver never "physically touches" it:
In the old days, a driver had to physically sign for a civil citation, or he could be arrested. However, the law changed -- and now a driver can refuse to sign (or touch) the citation -- but the citation remains valid, unless the driver takes it to court and is found not guilty.
Again, does the officer have to hold the citizen's DL for it to be valid?
04-20-2017, 07:01 PM #4UnregisteredGuest
04-20-2017, 08:40 PM #5UnregisteredGuest
I will give you an example. While you cannot be retaliated against for not answering questions you can be arrested. F.S. 856.021 Loitering and Prowling. If I come upon you hanging out behind a closed business. I detain you, I ID you if you still have not dispelled my suspicions. Then I will read you Miranda and if you choose to not speak with me I must tell you that your failure "to dispel my suspicions as to you being in a place at a time that a normal law abiding citizen would be" that you will be placed under arrest for Loitering and Prowling. Now it is well within your rights not to speak with me however it is within my rights to arrest you as well.
04-20-2017, 09:49 PM #6UnregisteredGuest
- a female attorney
- who was in her car
- on a public roadway.
However, when she refused to answer questions, the NJSP trooper arrested her. Here is the story:
04-20-2017, 11:20 PM #7UnregisteredGuest
04-21-2017, 01:20 AM #8UnregisteredGuest
04-21-2017, 01:48 AM #9UnregisteredGuest
The elements of L&P are:
- statutorily defined
- along with case law precedent.
Both go together (if you want an L&P case to stick). However, there are very few L&P arrests and most of them are at nighttime. As an officer, you are required by law to give the citizen an opportunity to "dispel" your concerns. Your concerns must be predicated on what other officers (in your situation) would think. In other words: are you (as an officer) being reasonable?
Anyway, a citizen cannot be punished for refused to answer questions. If a citizen is loitering and prowling, at a time and place that cannot be legally justified, then arresting him for L&P isn't not punishing him, even if he refuses to answer questions.
04-21-2017, 02:24 AM #10UnregisteredGuest
I wasn't meaning to imply you were punishing someone by not answering questions. However in the case of L&P if you just choose to not speak with the officer then they must make a judgment call to arrest you or not. So while its not a punishment you can be arrested for not answering questions of a LEO.