What are your rights when being detained by a Police officer?

[2002XLT 5,000+ posts]

well your in canada, what do you expect?

 

[Flipx99 5,000+ posts]

and I'm not in NY right now.. I am living in Canada; Here for college.

Why didn't you mention this earlier?

 

[Chevillac 5,000+ posts]

ahh it's kinda blowing up in this thread. I was pissed for about 3 or 4 hours after it happened like most, then forgot about it... Let it go all yesterday, then woke up today and thought to myself, maybe I should check into this.. It was a little embarrassing.. but really I'm over it... Just thinking, that cop embarrassed me, if I made a complaint just saying I want him to apologize would be embarrassing to him... he was really rude.. I'd just like to see him get his. I'll live if this gets dealt with or not tho.

That's the thing, I am 22 but look about 17.. I coach a basketball team, like I'm not even some bum player. I volunteer my time to teach 14 and 15 year old basketball kids how to play the game; yet this guy might have assumed I really was a 17 year old kid or something up to no good.

and I'm not in NY right now.. I am living in Canada; Here for college.

where in canada?

Why didn't you mention this earlier?

I saw it in his thing but wasnt sure if it was current hahaha.

 

[slick rick 10+ year member]

SUPPOSEDLY, if you ask to speak with a lawyer, any information they receive from questioning you afterwards is considered inadmissable, although I've personally seen them use the information and lie about being asked for a lawyer present.
But usually you pretty much just cooperate, but you don't have to reveal or offer up any information what so ever without a lawyer present (and a lawyer will always tell you to never say a word). "Anything you say can and will be used against you" is your warning, and it's the truth. Don't ever believe a cop because they're allowed to lie to you to get you to incriminate yourself. Don't ever say a word to a cop, because they're not trying to hear your side of the story, they're only trying to find anything you say that can be used against you. This is the most important piece of advice you will ever find when dealing with cops.

Another good piece of advice is that if they're asking you for permission for anything, it's because they need your permission. If they don't need your permission they just do it. Searches for example. They ask your permission to a search and most people grant it, thinking that by not granting it, the cop will be harder on them, or that if they allow the search the cop will be nicer if he happens to find something. It's not true, they're asking your permission because they need it, because if they didn't need it, they wouldn't ask they would just do it.

Also, make sure you keep anything important locked up. Anything locked they need a warrant for, and they need probable cause to get a warrant. Anything in plain view is fair game, so always remember that.

He was never arrested nor was there a custodial interrogation in this case...his confession would not be suppressed. But he never said anything of value to be suppressed. But yes, in general unless there is a valid waiver of miranda, you must be read your rights and the cops can't interrogate you if you request your lawyer. HOWEVER, this is all theory and never happens that way.

edit: you also make a good point about searches. "ignorance of the law is no excuse". Courts assume people know their rights. so don't consent to searches.

 

[jmanpc 5,000+ posts]

In short...

You have the right to remain silent. Anything you say can and will be used against you in a court of law. If you cannot afford an attorney, the state will provide one for you.

Simple enough?

 

[DIPayton 10+ year member]

where in canada?
I saw it in his thing but wasnt sure if it was current hahaha.

In Nova Scotia...

and to the people asking, I don't know why I didn't mention it earlier, I just assumed police here are just the same as in the US. Same policies and things like that and same rights and rules for most situations as in the US. Well, I know there's some differences, but does it make a difference in my situation too?

 

[savagebee 10+ year member]

Just a dickhead cop being a dickhead cop. You probly handled the situation the best way you could have. Yeah the comments he made were unecessary, but thats what dickhead cops do. I had a situation just like this, which made me read up on my rights, start searching around , thats what i did.

x2

 

[savagebee 10+ year member]

they dont have to read you your miranda righhts if you arent charged with a felony/capitol crime either.. just fyi

 

[slick rick 10+ year member]

they dont have to read you your miranda righhts if you arent charged with a felony/capitol crime either.. just fyi

That's a total lie. Cite to:

BERKEMER, SHERIFF OF FRANKLIN COUNTY, OHIO v. McCARTY

No. 83-710

SUPREME COURT OF THE UNITED STATES

468 U.S. 420; 104 S. Ct. 3138; 82 L. Ed. 2d 317; 1984 U.S. LEXIS 140; 52 U.S.L.W. 5023

April 18, 1984, Argued

July 2, 1984, Decided

 

[alias3r 10+ year member]

..

 

[systemJLx 10+ year member]

Friday night i was going fishing, so i drove to this beach so that i could cast net for pin fish a little bit. To get to the beach, there is a long road that leads to the only parking for the beach, but the beach access is pretty big. I had heard it was closed at night, but wasn't sure, so i decided to cast net there anyway. As i'm approaching the beach, there are 2 cars there with their lights on. Once i get close enough to see what's going on, i see a cop talking to a mexican guy, and the mexican was standing out of his truck. The cop shines the light in my face and he asks me to roll down the window. I played dumb and asked if the beach was closed, and i said that i wanted to cast net a little bit. He thought i was lying, so he wanted to see my cast net. He shines the light in the back seat of my car which was where all my fishing gear was and my fising pole, so he said i was ok to go. That guy was getting read his rights tho as i pulled out and i saw the cop put the cuffs on him. Luckily i didnt have any beer in the back seat.. that would have sucked majorly.

 

[Chevillac 5,000+ posts]

what the hell? are you two the same person?

 

[skydeaner 10+ year member]

I picked up my stuff and began walking out of the house; he then said "and you don't need all that gear as a basketball coach; you're just being childish." I asked him for his name and he said "Just leave now, you're not wanted here"

If you are the only one there, it is always best just to take a cop's bullshit. If you have witnesses present, that's a different story because what he said to you was pretty rude and he, as an officer of the law, and a "proffessional" as they like to be known, should have bit his tongue and told you to have a nice day. Not to mention when asked for his name or badge number he is obligated to give it out by most police standards. I know the county and city cops as well as university police here in champaign illinois get suspensions if they refuse to give them to you. And they get posted in the news paper here //content.invisioncic.com/y282845/emoticons/smile.gif.1ebc41e1811405b213edfc4622c41e27.gif

I wish all these ****ers could work in a retail management position for a couple months and learn some real self control as far as how to be polite.

 

[systemJLx 10+ year member]

what the hell? are you two the same person?

ya. i was checking pm's and forgot to log back out and relog in

 

[savagebee 10+ year member]

That's a total lie. Cite to: BERKEMER, SHERIFF OF FRANKLIN COUNTY, OHIO v. McCARTY

No. 83-710

SUPREME COURT OF THE UNITED STATES

468 U.S. 420; 104 S. Ct. 3138; 82 L. Ed. 2d 317; 1984 U.S. LEXIS 140; 52 U.S.L.W. 5023

April 18, 1984, Argued

July 2, 1984, Decided

oh

okay

Im not going to lie, Im not looking it up, I have a gay slow internet @ work

is this statute only applicable to Ohio?

or is it applied nationwide

I know it is not done in Oklahoma, at least in my experience