Best way of invoking 5th amendment with a police officer?

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  • yote hunter

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    Dec 27, 2013
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    Why? Don't get mad. Smile, blow kisses (remembering to blow kisses is a way for you not to get mad, and not to get upset, relax).

    Just don't answer. Be quiet. "Am I free to go?"

    They want the DL, give them the DL. They want the registration, give them the registration and the DL.

    You are doing nothing wrong. You may have committed an infraction or ordinance violation. OK, take the ticket and either pay it, divert it, or ask for your day in court.

    Don't get mad. Never lose your cool. Rule #1, relax.

    +1 its just a process, except it and then move on your way... No reason to freak out...
     

    T755

    Marksman
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    Nov 22, 2008
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    A bit of a thread hijack but a serious question...how do routine traffic stops work if the driver is deaf? So, if I was deaf and I get pulled over but can't interact with the officer, what goes on then?

    I used to run into people from the deaf school and such. Easiest, if they can write well not all can, is to hand them a notebook and a pen and talk that way. Some can read lips but the notebook trick worked well.
     

    gregkl

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    If I ask you if you know how fast you were going and you blatantly lie to me you will receive a citation. If you tell me correctly how fast you were going and A) apologize, B) tell me a legit or non-BS reason, C) make me laugh, the odds of ticket receiving are low. I am pretty generous (like 15+ over on city streets) when it comes to even making stops for speed. My philosophy is that if you are just a regular Joe who made a mistake then fine, I can accept that and we will move on. If you lie about said miatake or are making these mistakes while driving on a suspended license then you will likely receive some paper from me. Bottom line for me is, if you are cordial and honest then we will get along fine and I likely wont be writing any tickets. Anything other than that and all bets are off.


    I hope if I get pulled over, it's by you!
     

    Kirk Freeman

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    For some, Kirk's advice is difficult to follow because they place the desire to not be cited for the infraction above their desire to protect their civil rights and privacy. Sometimes you have to make a choice. Which is it going to be?

    It's not a choice. You can do both.

    Shutting up prevents further problems for you. You can always divert or contest the ticket if you don't want the infraction.
     

    stephen87

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    May 26, 2010
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    The Seven Seas
    If I ask you if you know how fast you were going and you blatantly lie to me you will receive a citation. If you tell me correctly how fast you were going and A) apologize, B) tell me a legit or non-BS reason, C) make me laugh, the odds of ticket receiving are low. I am pretty generous (like 15+ over on city streets) when it comes to even making stops for speed. My philosophy is that if you are just a regular Joe who made a mistake then fine, I can accept that and we will move on. If you lie about said miatake or are making these mistakes while driving on a suspended license then you will likely receive some paper from me. Bottom line for me is, if you are cordial and honest then we will get along fine and I likely wont be writing any tickets. Anything other than that and all bets are off.


    This is the key right here. I always try to make a the officer laugh, if they laugh, you're more likely to get out of the ticket.

    Remember though, if the officer has his hat on, it's official police business and you ain't getting out of a ticket.
     

    eachitandi

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    Mar 3, 2014
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    I used to run into people from the deaf school and such. Easiest, if they can write well not all can, is to hand them a notebook and a pen and talk that way. Some can read lips but the notebook trick worked well.

    *insert purple text*
    What do you do when they're blind? ;)
     

    88GT

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    If I ask you if you know how fast you were going and you blatantly lie to me you will receive a citation. If you tell me correctly how fast you were going and A) apologize, B) tell me a legit or non-BS reason, C) make me laugh, the odds of ticket receiving are low. I am pretty generous (like 15+ over on city streets) when it comes to even making stops for speed. My philosophy is that if you are just a regular Joe who made a mistake then fine, I can accept that and we will move on. If you lie about said miatake or are making these mistakes while driving on a suspended license then you will likely receive some paper from me. Bottom line for me is, if you are cordial and honest then we will get along fine and I likely wont be writing any tickets. Anything other than that and all bets are off.
    Like it's 25mph reduction in speed limit less than a 1/4 mile off the interstate to a 4-lane divided highway that has a speed limit lower than the 2-lane rural road in front of my house? That's how I got my 53-in-a-40 ticket a few years ago.
     

    VUPDblue

    Silencers Have NEVER Been Illegal !
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    Meh. I dont play that "speed reduction trap" game. The places I routinely look for speeders are places that one should not be going my very generous 15mph above the limit. That or high-crime areas where we are stopping many cars to increase visibility.
     

    KG1

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    Heres a thought. Try to make conversation. Be friendly. When I was mainly a ticket writer I made conversation. Was I fishing sometimes sure. That's my job. Enforce the traffic laws and see what I run into along the way. More often that not I did ask.. hey where you going… There might have been a reason why they were driving like that. Maybe it was mom's kid who split their arm to the bone with a box knife driving to hospital, or the guy who just had to poop. And my fav was the guy who asked me why I was harassing him and not real criminals. He bought the ticket to the show and ultimately had 2 pounds of weed under the seat and a trip to jail with 4 utt's. Point is sometimes people had a excuse and I cut them a break. There is a lot of truth on both sides of the fence on treat people like you wanna get treated.
    I always have the urge to poop when I get pulled over.
     

    88GT

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    Meh. I dont play that "speed reduction trap" game. The places I routinely look for speeders are places that one should not be going my very generous 15mph above the limit. That or high-crime areas where we are stopping many cars to increase visibility.

    You are generous.

    This particular LEO was using it as a speed trap for tickets because he was there for a week, and every time I drove by, he had someone pulled over.
     

    Kirk Freeman

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    Kirk's Traffic School:

    1. Pay attention. Stop yakking on the phone and drive.

    2. Obey the traffic code; it's not your road, we all chipped in. Get in good habits like always using your turn signals. Come to complete stops. Every once in a while walk around your ride while the wife sits in the driver's seat and ensure everything is working (license plate lights, brake lights, turn signals).

    3. Keep a clean car. Outside and inside. Don't have crap strewn over the place (really tough if kids involved I know). Keep it uptight and out of sight and clean.

    4. Have your stuff together in your ride. Have your registration handy where you can grab it without digging through 7 levels of crap in the glovebox. You do have a copy of your LTCH and your DL in the ziplock bag in there too in case you forgot wallet, right?

    5. If you see lights, pull over. Breathe. No, really, do a forced breath now. It will release the tight muscles in your thoracic diaphragm which constrict breathing and alter your voice. Relax. It's just an infraction.

    6. Give him what he wants, DL, registration.

    7. Be quiet. Some people get nervous and run their baconholes. You have, at most, committed an infraction. Your mouth will only hurt you. Be quiet, don't play 20 cop questions. "Where are you going? Where are you coming from? Does this blue uniform make me look fat?" Just let the cop do his thing.

    8. If he is a Chatty Kathy, ask "AM I FREE TO GO?" If he says no, then stay. If he says yes, then safely drive off. AM I FREE to go converts a consensual encounter into a detention.

    9. If the officer wants you out of the car, get out of the car.

    10. Above all, relax. Police are keyed in on nervousness, fear, anxiety. Think about it, wouldn't you be at 2:39AM in a shady neighborhood? You are committing no crimes. You have a license for that (those) pistol(s).
     

    cbhausen

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    ...and take the keys out of the ignition and lock the car door as you get out, then pocket your keys. Do not consent to a search, even if you think you have nothing to hide. Answering "yes" to LEO's "can I have a look inside" is voluntarily waiving your 4th Amendment rights. Don't do it.
     

    HoughMade

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    Oct 24, 2012
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    It's great to have a LEO's perspective on this question! If the officer asks "do you know how fast you were going?" what do you think is the best thing to do? Not say anything in response? Would just not responding to an incriminating question like that cause the officer to handle the situation differently?

    If you are going to answer at all, the truth is a good start.

    As anecdotes, in the last 5 years I have been stopped for speeding 3 times and once for failure to fully stop at a stop sign. Results?

    #1 "Do you know how fast you were going"? (speed limit 40)
    - "around 50 or 55mph"
    Result: Warning

    #2 "Do you know how fast you were going"? (speed limit 55)
    - "To tell the truth, I don't know"
    Result: Warning

    #3 "The speed limit is 45 here. Do you know how fast you were going"?
    - "Well, faster than that, I know" (Officer Friendly advised me I was going 68mph)
    Result: Seatbelt ticket, $25 non-moving violation

    #4 "Do you know why I stopped you?"
    - "Because I rolled through that stop sign back there?"
    Result: Warning


    The common element here is me and in the future, it may not work out as well, but being a reasonably well dressed 40 something year old who is relaxed, polite and honest, but not chatty...seems to pay dividends.
     
    Last edited:

    randy68

    Marksman
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    Oct 28, 2012
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    Heres a thought. Try to make conversation. Be friendly. When I was mainly a ticket writer I made conversation. Was I fishing sometimes sure. That's my job. Enforce the traffic laws and see what I run into along the way. More often that not I did ask.. hey where you going… There might have been a reason why they were driving like that. Maybe it was mom's kid who split their arm to the bone with a box knife driving to hospital, or the guy who just had to poop. And my fav was the guy who asked me why I was harassing him and not real criminals. He bought the ticket to the show and ultimately had 2 pounds of weed under the seat and a trip to jail with 4 utt's. Point is sometimes people had a excuse and I cut them a break. There is a lot of truth on both sides of the fence on treat people like you wanna get treated.


    I had to poop after reading all this.
    Seriously though, I have had good luck in just being honest and talking nice. Every time I have been stopped has been legit, always speeding. I like to get where I'm going.lol. last 10 year's I have been stopped 5 times and received 1 ticket.
     
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