When to stop talking to the police?

[dblas]

VA LE can see CCW license info tied to the registered owner of a vehicle. VA is a free state that doesn't keep lists of a citizen's firearms AFAIK.

But only for VA.

 

[Apd09]

Apologies, this post was after yours:







and I read it that the video was funny and therefore never clicked on the link, not that newq thought it was funny that they were thinking of the same exact video.



Watching it now and thank you for your input!

So what did you think, did it answer your question?


Sent from a galaxy far, far, away....

 

[Name Taken]

I like everything else you've said, but I love the irony of this comment.
I just hope you did it on purpose.

Mine wasn't a blanket statement.

The video preaches NEVER to talk to the police.

There are obvious situations which I'm not going to go into which it will only benefit the police and the states case for you to talk.

Maybe I'm missing something....I guess I didn't offer up the obvious counter to my argument where at times it might be wise not to talk?

 

[newq]

The last several posts regarding Miranda rights are correct. Keep in mind that if someone under arrest makes "excited utterances", in other words you simply offer incriminating statements prior to being questioned by police, these utterances can be used against you. That applies whether you've been advised of your Miranda rights or not.

The truth is, and this will freak many out, you can be arrested and never given your Miranda rights. Miranda only has to be given for "custodial interrogations". In other words, if I arrest someone for disorderly conduct and I don't need to talk with them regarding the crime they are in custody for (which is typically the case for minor violations of the law), I don't read them their rights. Many people do not believe this because they always see the dramatic "You have the right to remain........" on TV as soon as the cuffs go on. On the other hand, if you're in the interrogation room on a bank robbery charge and I'm asking you questions regarding your involvement in the robbery, then I should advise you of your rights. If I do not, then what you tell me could be inadmissable in court.

In regard to being questioned on the side of the road during a traffic stop, well, that could be open to interpretation by the courts. If, during a motions hearing, a judge decides that the stop and the questioning amounted to a "custodial interrogation", then your statements could be thrown out and therefore not admissable since you weren't given your Miranda rights. If the officer is simply asking a question in an attempt to figure out what he's got (Routine questions as referred to above by NameTaken) and then you sing like a bird, then that might be used against you later. No two cases are the same. You can see how this gets complicated and the smallest variables can change things.

As for what would constitute a "custodial interrogation" on the side of the road, before you are in handcuffs, that's another long conversation in itself.

I'll also repeat what others have said. Don't take the advice of someone on the other side of the screen. Contact an attorney.

Back in my much younger years I was in Va. and had an outstanding ticket in another county. The ticket was sent to my old address even though the DMV had the updated correct address on my driver's license. I was suspended and didn't have any clue. I was on my way from work to my fathers place of employment and pulled into the parking lot. On the way into the lot I passed a sheriff whom I waived at and he then immediately turned around and pulled into the lot behind me. By the time he threw his lights on I was inside the store and he requested me to come back outside. He immediately asked me for my license and registration, placed me in cuffs and put me in the back of his car.

I thought it was odd, He had my car blocked in against a cinderblock wall, If he returned me to my vehicle obviously I wasn't going anywhere. He ran my license and asked me some questions regarding my suspension. He let me go on my own recognisance and gave me a ticket to appear.

I showed up in court with my Public defender and the lawyer contended that I was never mirandized before being taken into custody and on those grounds the defense rested. It was a long shot and flimsy at best but the judge could almost be seen rolling his eyes before wiping his brow if to be he would be so cheeky in a court of public opinion.

The judge warned me that my driving was a privilege and even though I claimed not to have known my license was suspended that it constituted no excuse and suspended my license for 30 days and warned further infractions would land me in hot water as a habitual offender and that I didn't want that.

My point, ss396 is on point. It didn't matter that my rights weren't read it was contended that I was not being detained in a criminal case and the information obtained from the stop held little bearing on the case as all that was needed was the proof of my operation of a motor vehicle.

 

[aaron.foulk]

It was a blanket statement about blanket statements the way I read it. I thought it was cleaver!

Yep, this is what I was poking at. It was a joke and not a critical assessment of your argument in any way. It was similar to a statement I once made about generalizations being (generally) wrong.

 

[clandestine]

I don't talk to the police when we go shooting together at the range.

 

[Traveler]

I don't talk to the police when we go shooting together at the range.

WHAT DID YOU SAY? I CAN'T HEAR YOU BECAUSE OF THE EAR PLUGS AND 50 CALS!!!!

 

[Kinetic]

Actually he is correct. Any Police Officer in the state of Maryland with access to METERS can log in to what is called the Maryland Criminal Justice Dashboard. Included in Dashboard is a portal known as MSP Guns. If you have a registered firearm in the state of Maryland I can enter your information and pull up a list of every firearm you have registered in the state. The portal doesn't tell me whether or not you have a license to carry firearms merely whether you have firearms registered in your name and what they are along with their serial number.

Be advised, however, that a standard check of one's Maryland vehicle registration or driver's license does not bring up whether or not one owns registered firearms, at least not yet. An MSP Guns query must be done separately by the Officer, Deputy or Trooper. There are some states (Tennessee is one of them and there are others) where if you have a CCW it is included in the return on your driver's license so if I run an out of state license through NCIC sometimes there will be a line saying "concealed weapons" or something similar. The exact verbiage varies between states.

I read this thread top to bottom including the VA video but your post intrigued me.

Hypothetical: John Schmuckatelli does a California roll through a stop sign in Bivalve, Md. and is pulled over.

Are you saying that the officer can pull up METERS and MSP Guns just "because" and get a list of John's MD. registered firearms? Can the officer do this just because it's a slow day and he just wants to? Does he need probable cause?

Is this run from the same screen as the auto tag reader and STINGRAY? Or does he have to press another button?

I can't wait to get out of this state.

 

[PO2012]

I read this thread top to bottom including the VA video but your post intrigued me.

Hypothetical: John Schmuckatelli does a California roll through a stop sign in Bivalve, Md. and is pulled over.

Are you saying that the officer can pull up METERS and MSP Guns just "because" and get a list of John's MD. registered firearms? Can the officer do this just because it's a slow day and he just wants to? Does he need probable cause?

Is this run from the same screen as the auto tag reader and STINGRAY? Or does he have to press another button?

I can't wait to get out of this state.

Dashboard is its own system. It's linked to METERS and NCIC and fed by them but it's a unique interface.

For all intents and purposes, yes he can pull the files at will. There's more to it than that but at the end of the day that's what it boils down to.

 

[Brooklyn]

Back in my much younger years I was in Va. and had an outstanding ticket in another county. The ticket was sent to my old address even though the DMV had the updated correct address on my driver's license. I was suspended and didn't have any clue. I was on my way from work to my fathers place of employment and pulled into the parking lot. On the way into the lot I passed a sheriff whom I waived at and he then immediately turned around and pulled into the lot behind me. By the time he threw his lights on I was inside the store and he requested me to come back outside. He immediately asked me for my license and registration, placed me in cuffs and put me in the back of his car.

I thought it was odd, He had my car blocked in against a cinderblock wall, If he returned me to my vehicle obviously I wasn't going anywhere. He ran my license and asked me some questions regarding my suspension. He let me go on my own recognisance and gave me a ticket to appear.

I showed up in court with my Public defender and the lawyer contended that I was never mirandized before being taken into custody and on those grounds the defense rested. It was a long shot and flimsy at best but the judge could almost be seen rolling his eyes before wiping his brow if to be he would be so cheeky in a court of public opinion.

The judge warned me that my driving was a privilege and even though I claimed not to have known my license was suspended that it constituted no excuse and suspended my license for 30 days and warned further infractions would land me in hot water as a habitual offender and that I didn't want that.

My point, ss396 is on point. It didn't matter that my rights weren't read it was contended that I was not being detained in a criminal case and the information obtained from the stop held little bearing on the case as all that was needed was the proof of my operation of a motor vehicle.

If your lic was suspended then how could he let you drive away ? Did he ?

BTW your public defender dug your grave --

 

[newq]

If your lic was suspended then how could he let you drive away ? Did he ?

BTW your public defender dug your grave --

No he did not let me drive away but did not tow it because it was on private property at the time of arrest and the property management knowing my father worked their agreed to let it stay.

The defender didn't care much to see me get off and I knew that. Hell anyone who gets a public defender knows they are taking their chances. The chances of finding an Attorney willing to put any real effort into getting you off are slim to none. I think they feel as long as the entire case doesn't go down the crapper with the defendant doing jail time they must feel like they have done their job....

 

[Indiana Jones]

If your lic was suspended then how could he let you drive away ? Did he ?

BTW your public defender dug your grave --

Its called officer discretion. Brooklyn I agree with Blackstar or whatever. I think a citizens academy would be good. I mean this with all due respect, you have a very distorted/unrealistic view of how police work is done. Even a ride along would be good. Depending where you live, PM me and I'll set you up with someone. I'll even get you a gun guy. I mean this sincerely, not trying to be a prick.


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[Brooklyn]

Its called officer discretion. Brooklyn I agree with Blackstar or whatever. I think a citizens academy would be good. I mean this with all due respect, you have a very distorted/unrealistic view of how police work is done. Even a ride along would be good. Depending where you live, PM me and I'll set you up with someone. I'll even get you a gun guy. I mean this sincerely, not trying to be a prick.


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Might be worth it .. but then it does not change the issue of how police work can be affected by the politics of the command. Ask NYPD what they think of the 2a for example.. I may very well take you up this however

 

[Indiana Jones]

Might be worth it .. but then it does not change the issue of how police work can be affected by the politics of the command. Ask NYPD what they think of the 2a for example.. I may very well take you up this however

Totally agreed. Those huge city departments are many times full of bad stuff in the command. Shoot me a PM anytime and I'll see what I can do for you.


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