RetiredGySgt
Diamond Member
I watched the tape. She simply ask a question and he acted like she was arresting him. She is correct she can order him out of the car and search it. Without probable cause she can't use the materials discovered in it but she can confiscate illegal materials.
His attitude caused this. All he had to do is respond to her question. I am not saying he has to tell her where he is going but a polite response would have avoided the whole thing.
Pay attention dude.
If the police stops an individual , he must ascertain whether
he is being detained
Yes? Miranda applies and he has the right to remain silent
No? Miranda DOES NOT APPLY so he must get the fuck out of there
So my friend HOW do you assert that right without appearing to be a dick?
.
The officer simply ask where they were going. How EXACTLY does that impact on a 5th amendment right? Be specific.