Originally Posted by
Endus
If they don't tell you you're being detained, or place you under arrest, they've issued no lawful order that you have to stick around. You can just leave. That's the point of the question. If they say "no", you say "it's been swell, I'm outie", and you leave. If they say "yes", then you cooperate, but ideally record everything, because they need to demonstrate reasonable grounds for detaining you, and you're recording everything in case they slip up.
It doesn't take a lot for them to have grounds, as you note, but it draws a clear line between "do you have a lawful reason to be bothering me", and "are you hoping I'll slip up and give you that kind of reason".
You can also phrase it as "Am I free to go?" They need a law based on reasonable suspicion to say "no". A traffic stop usually provides such, because they're in the middle of assessing your civil infringement of something like a speed limit.
And again; the purpose is to establish a clear distinction between "lawfully within your powers to stop me and ask questions" and "hassling me because you're hoping I'll give you cause".
Never meant to suggest that. Cops can lie their asses off to you about a lot of stuff. And they can ask whatever questions they want, generally; the goal of course is to get you to admit to information they have no legal requirement to oblige you to divulge. "Where were you coming from, tonight?" for instance. The only real point to such a question is to place you as a potential suspect if you're coming from a crime scene. And really, if you WERE the criminal in question, are you gonna tell the truth? It's a bait question and answering it is largely a trap.
It can absolutely get you arrested because you did not clear yourself as a potential suspect of a crime. At which point you should not say a damned thing until your lawyer's present, because nothing you say to the cops will be used in your defense. If they decide they like you for a crime, they can flat-out ignore your clear and definitive alibi with multiple witness confirmations. In which case, you'll have to hope your lawyer can present and detail that in court in a way that offsets whatever the DA is bringing against you. There's a reason the Miranda declaration states that "anything you say can and will be used against you in a court of law". Never for you. The police are not on your side, if you're under arrest. They're hoping they can pin the crime on you.
The problem is, only the cops know how the stop is going to play out. You have no control. And no way to gain any control. Information you provide might convince them to let you go, but it's entirely up to the officers, and the actual information really doesn't matter. If they decide they like you for the crime, you won't be able to talk your way out of it, and arguing with the officers is just going to give them information to use against you. This is where issues of privilege come in; I got detained once as a 16-year-old because me and my buddy were fingered by his GFs shithead dad; he claimed we were casing houses and there'd been a rash of smash-and-grabs in the area. Our stories lined up and the truth came out, but pretty much entirely because his GF backed us up; if she hadn't, the two of us would've been arrested. It could've gone really badly. As it was, the cops offered us the opportunity to press charges against the dad (we declined), and we went home. But this was in Nova Scotia, Canada. And we were both white kids. If we'd been a couple black kids in a lot of towns in the USA? Don't think we'd have been given that benefit of the doubt. In which case, us talking to the cops would have been a giant mistake.
Here's a decent vid from years and years ago, from both the perspective of a lawyer/law professor, and a chief of police. Who both agree with the maxim of "never talk to the police";
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The issue with a taser in the Atlanta case is pretty clear-cut, because the cops can't have it both ways. If it's a lethal threat when pointed at the officers, warranting lethal force in response, then it was a lethal force use against their victim in the first place. If it's not a lethal threat and is a non-lethal restraint device, then pointing it at the officers cannot be construed as warranting lethal force in response.
It's kind of like that protestor who was charged with "Assault with a Deadly Weapon" for throwing a tear gas canister back at the cops. If it's such, then wasn't it a deadly-force assault on peaceful protestors when the police fired it out of a gun at the crowd? You can't apply double standards like that. It's horseshit.