WaitingFor2020
Gold Member
- Banned
- #81
There is no right to remain silent unless a crime has been committed and you are suspected of committing it. There is no right to remain silent unless you are in custody.You are wrong, you need no counsel present to exercise your right to remain silent.[
But it is a right tho? One that isnt illegal correct?
Sure, but doing so PRIOR to arrest will most likely result in your arrest.
The right to silence must be exercised in conjunction with counsel to be effective.
If you've done nothing wrong, the smart thing to do is say that you've done nothing wrong.
Where did you come up with that???
An officer asks your name. This is not a custodial interrogation requiring miranda warnings. Traffic infractions are not crimes. The officer is lawfully engaged in his official duties. You simply watch too much tv.
Your last comment is most telling, Ms. Tipsy. It is not the police officer's call to say a crime has been committed. His job is to apprehend, not judge. It is the responsibility of the District Attorney's office to determine if there is a crime, and then decide to prosecute.