Social media, just like cellular phones, is a two-edged knife that cuts both ways. It can be the best thing that ever happened to you, or the worst. You can get really good advice from social media, but you can also get some of the worst advice you'll ever find as well.
Such is the case with these lawyers who post a video on social media where they tell you, "NEVER ANSWER ANY QUESTIONS FROM THE POLICE! NOT EVEN YOUR NAME!'
Speaking as one who worked within the legal system for 19 years as a street cop, I can tell you that while there is some good in this advice, there is more bad than good. The good is, if you're a bad guy who's trying to hide something illegal that you've done, then not answering questions is not only a good idea but your Constitutional right as well. And if the cops think you've done something wrong, they are required to advise you of your Constitutional rights before asking you any questions about it. When this happens, your very best choice is to refuse to answer questions. At that point the questioning concerning the illegal event being investigated is legally required to stop. The cops CAN ask you other questions, such as your name, address, things like that, but once you've invoked your 5th Amendment rights they cannot legally ask you anything else about the suspected crime.
But the absolute worst thing you can ever do is refuse to answer ANY questions from the police. If a cop pulls you over, the first thing you need to realize is that he has a good reason for it. (99% of the time, anyway.) If he asks you where you're coming from, he has a reason for it. Maybe he's looking for a car like yours that was involved in a crime, and he wants to see if he has the right car or not. If not, he'll let you go. Simple as that.
So what's the harm in telling the cop your name when he asks? If you refuse, he's just gonna ask you for your driver's license and find out that way, so why not just tell him? I can guarantee you he's got a reason for asking instead of getting it from your license. Most of the time he's screening you to see if you're intoxicated, and your ability to speak clearly and concisely - and the ability to remember your name - is one of the ways he does it.
Here's what happens if you choose to refuse to answer ANY questions from the police.
The cop automatically thinks that you're trying to hide something that he doesn't know about or hasn't noticed yet. (Either that, or you're just being an uncooperative asshole.) When THAT happens, the cop is going to start an investigation right then and there into your suspicious activities (and yes, refusing to answer simple questions such as what your name is can be considered suspicious) and he's going to legally detain you. And he can detain you until one of two things happens: until he's satisfied that no crime has been committed and that you're just being an asshole, or he proves that a crime has been committed at which time the detention is going to become an arrest.
See, it works like this: honest people have nothing to hide, and shouldn't have any problems with answering simple questions. If you're one of those people who just don't trust the police and will refuse to answer any questions including what your name is for this reason, then you're just making things harder on yourself. Your refusal to tell the cop your name is a giant red flag to him, and you're just asking for what comes next. The cop is going to treat you as an uncooperative and possibly hostile suspect, and he's going to act accordingly. His next step will most likely be to get you out of the car to separate you from any weapons you may have in there - but of course you'll refuse, and things will go downhill quickly from there. End result - you face down on the ground in handcuffs, possibly with a couple of taser probes sticking into your skin and your nerves still tingling from the 50K jolt you just got.
Remember, you asked for this.
Is there a point at which you should stop answering questions? Yes, there is. If the cop asks you a specific question concerning a specific illegal activity, if you are guilty of this offense then yes, you should invoke your 5th Amendment right and STFU. (And it's not illegal to drink alcohol unless you're underage, so the cop is legally allowed to ask you this.) If you're not guilty, why not answer? You've got nothing to hide, right?
Oh, yeah, you just don't like cops because you don't trust them, especially if you're black. Gotcha. Do you need me to tell you (again) how this is gonna turn out?
If you just feel uncomfortable answering questions from the police, there's a right way and a wrong way to let the cop know. The wrong way is to just say, "I'm not answering any questions" and not elaborate. Your attitude and tone of voice have a lot to do with it, too, and most of the time this response is given in an irate/hostile tone of voice with the person either glaring at the cop or not looking at him at all. The right way is to look the cop in the eyes and in a smooth, non-confrontational tone of voice simply say "I'm sorry, officer, but I just don't feel comfortable answering any questions at this time." If the cop replies with something like "Why not?" then he's not paying attention. Just repeat what you said and let it go. But most of the time the cop will just say "All right, then," and will just give you your ticket and be done with it.
Now let me address the elephant in the room.
Are there bad cops out there who will break the law to get what they want with a suspect? Sure there are. Just as with any profession, there are good cops and bad cops, but the good news is that the good cops outnumber the bad ones by a couple hundred thousand to one, so your chances of running into one is slim. But if you do, just keep your cool, stand on your rights, and let things play out.
And when it comes time to get a lawyer, don't get one like Saul Goodman.
Tomorrow we discuss DUI procedures and what's really going on when the cop pulls you over. Trust me when I tell you that there's more going on than you realize.
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