During a traffic stop, does silence serve as probable cause for arrest and search? Jurisdiction: Anywhere United States Valid driver license is provided during the stop, along with insurance and registration as required by the traffic code. Fifth Amendment provides a right against self incrimination. The law legally obligates a person to poses a driver license to operate a vehicle. Other than presenting a valid driver license, is a person required to answer any questions asked by a police officer? Example: I am driving in Dallas, Texas. I exceed speed limit by five miles. A police officer pulls me over for speeding. He approaches the window and asks for my ID. I provide a valid driver licence. The Officer Asks me: Where are you coming from? Where are you going to? Have you had something to drink? Etc... I respond: I am only required to provide you with a valid driver license. I do not have to answer any of your questions. I remain silent. I have broken no law. Right? Further, if police officer calls for back up, and searches my vehicle over my vociferous objections, I would have a valid §1983 Complaint for "unlawful search and seizure." Is my understanding correct?
Silence is not cause. However, this may not prevent a search. The officer does not need to tell you that he has probable cause, he must simply have it in order to conduct a search. If he obtained the probable cause before he pulled you over (this is likely), then he will order you out of the car and search over your vociferous (and silent?) objections. If the officer does not have probable cause, searches anyway, and can't come up with a convincing one in time for the court date, then yes you have a claim. But remember, just because the officer didn't inform you of the cause doesn't mean it didn't exist. Always consult an attorney before any legal action.
Identification rules vary from state to state, but there is no state which would require a person in Mr. Walker's position to identify themselves to law enforcement. The passenger is compelled to produce identification to law enforcement through the threat of illegal violence.
Yes, there are cases where refusing to respond to the question would be legal. The juror could plead the fifth – so long as he hasn't spilled the beans about what he is trying to protect – which provides for the protection from compelled self-incrimination (any incriminating statement that could be used against you in a criminal charge – civil liability doesn't count here). Anything that is said in voir dire is on the record and under oath. You are effectively witnessing against yourself. As stated on NOLO: Witnesses can assert the privilege against self-incrimination in civil proceedings as well as criminal ones, despite the seemingly limiting language of the Fifth Amendment. They can assert it in state or federal court, in a wide variety of proceedings (including trials, depositions, administrative law proceedings, and investigatory proceedings like grand jury hearings). . . . If, by answering, the witness could provide evidence that might aid the government in prosecuting him, then he has the right to refuse. There has to be evidence, though, that testimony would subject you to criminal charges. &quot;What is your hair color?&quot; obviously cannot subject you to criminal charges. &quot;Have you ever driven while intoxicated?&quot; Would only be incriminating while the Statute of Limitations has not passed. After that point, you have not 5th amendment protections for having driven under the influence because it will no longer subject you to criminal charges. Additionally, there are cases in which you could refuse to answer but the court could still compel you to answer. For instance, sometimes questions in voir dire get very personal. If jurors believe a question is too personal, they can try to refuse to answer on those grounds, let the judge know, and the judge would make the decision. If the judge decides they must answer, and they continued to refuse, the judge could hold them in contempt. On a slightly more practical note, if you are objecting to questions, it will impact whether the attorneys on either side will allow you to stay on as a juror. After an objection to a specific question, the attorney may just decide to nix you.
Yes, you would be responsible. Maintaining the vehicle in a state that enables compliance with the law is the owner's responsibility, and it is a driver's responsibility to comply with the speed limit. There is no knowledge or intent requirement in a speeding violation. That said, a judge might show leniency if you came to court with documentation of a repair or recalibration of the speedometer after the citation.
I believe there are courts that have affirmed convictions for obstructing official business or something along those lines, but the general consensus seems to be that conduct like this is not a crime, or that it cannot be criminalized without violating the First Amendment. The most recent decision on point came just a few weeks ago. In Friend v. Gasparino, No. 20-3644 (2d Cir. Feb. 27, 2023), a man sued police for arresting him because he had set up a sign saying &quot;Cops Ahead&quot; two blocks away from where they were running an operation to enforce distracted-driving laws. The trial court dismissed the case, holding (1) that the sign was not protected by the First Amendment because it was &quot;of little, if any, public concern&quot;; and (2) that even if it was protected, the officer's conduct in arresting him satisfied strict scrutiny because if police wanted to prevent distracted driving, there was no less restrictive alternative to arresting the plaintiff. But the Second Circuit reversed, holding (1) that speech remains protected even if it is not a matter of public concern; and (2) that there was no evidence that limiting the plaintiff's speech was necessary to permit the state to write citations and enforce the law, even if it would have been helpful.
You know that a judicial proceeding has been filed against you when you are "served" with notice. In fact, legal proceedings cannot generally proceed without somebody swearing that you were served notice. If a criminal complaint is being pursued against you then you might also learn of this fact when an investigating law enforcement agent contacts you to question you or arrest you. "Filed a case" could mean all sorts of other things. For example, it could be that they filed a police report, or filed a complaint with some company or non-law-enforcement entity. It could be that they have in fact filed a claim in a court of law and whoever is serving process just hasn't been able to find you. In any of these events I don't know of any way that you could proactively determine that without knowing exactly where and how the "case" was "filed." Actually, if a criminal complaint was filed against you and approved then a court in another state could have issued a warrant for your arrest. Contact your local police and they should be able to do a nationwide search for open warrants on you. Police will not typically release information on "open investigations." So even if you knew the exact agency where it was filed they may not tell you anything. If they decided not to investigate it then you might have a right to request the complaint under open-records laws &ndash; that depends on the state and the agency.
Various cases heard by the US Supreme Court have established that an anonymous tip can indeed create reasonable grounds for probable cause, allowing the police to search and detain persons involved. For example, the case of Navarette v. California where a suspect was stopped on the highway after an anonymous tip was given to police - the court ruled that the tip established reasonable grounds for probable cause which allowed the persons to be stopped in the first place. The precedent set in that case would apply to the situation you are describing.
Yes, for the jurisdiction specified in the tag In the United States, questioning must stop as soon as the accused assserts his or her right to counsel. It's been upheld by subsequent precedent, but the origin is in Miranda v. Arizona, 384 U.S. 436, 474 (1966): If the individual states that he wants an attorney, the interrogation must cease until an attorney is present. At that time, the individual must have an opportunity to confer with the attorney and to have him present during any subsequent questioning. If the individual cannot obtain an attorney and he indicates that he wants one before speaking to police, they must respect his decision to remain silent.