You're not under arrest, but you can't leave (1 Viewer)

[McGarnicle]

Lawyerguys...this is strictly to quench my own curiosity, but I see this on TV all the time, not just fictional dramas but Dateline and 20/20. A suspect is taken in for questioning, not under arrest. There's the little room, the sweating suspect, he's grilled for hours and hours and finally snaps. I always scream at the TV: "YOU DON'T HAVE TO TALK TO THEM YOU IDIOT!!!".

I thought the legal grounds for detaining someone without arrest were limited to traffic stops, and situations where a crime may currently be in progress and/or someone is in immediate danger. They can't compel you to come down to the station for questioning if they are just investigating a past crime, right?

If true, this seems like the most basic right that scores and scores of people are ignorant of and they end up screwing themselves time and time again.

 

[Two Deep]

Not a lawyer.. but if they explain to you that you are not under arrest and you still go to the station for questioning you do so by your own volition.

 

[Mad Cow]

Why do you want the guilty murderers and terrorists to go free?

 

[Abraham]

I was actually "detained" last year but not arrested. I was not free to leave though, so I'm not sure what the difference is.

 

[Officer Pete Malloy]

I pretty much drill this into my students' heads when we do the BoR. I'm a commie I guess.

 

[McGarnicle]

I was actually "detained" last year but not arrested. I was not free to leave though, so I'm not sure what the difference is.

YOUR CONSTITUTIONAL RIGHTS WERE VIOLATED!!!!!!!!!

 

[T Bell]

If you're not under arrest, you're free to go by definition. They may imply otherwise for effect, and successfully so to the less informed, but that's the way the law works.

When they ask you to come down to the station it's so they can either have the advantage of questioning you with the pressure of being in the lion's lair as a backdrop, or it's so they can have access to their files and resources to fact check. Also, making the request of a person is a decent litmus test for the person's level of cooperation generally, and if they react oddly/badly to the request then that might tip them off that the person has something to hide and deserves more scrutiny.

 

[T Bell]

I was actually "detained" last year but not arrested. I was not free to leave though, so I'm not sure what the difference is.

I believe some states have a law which allows them to keep people in custody for short periods of time (e.g. 24 hours) for questioning for investigative purposes, but without sufficient probable cause for arrest. I should have added that to my last post.

 

[MikeMan]

In general, they can detain you for a reasonable amount of time. They are supposed to have a good reason although they don't have to tell you that. If they detained you for a subjective 'unreasonable' amount of time or didn't have cause, you are free to file suit. Good luck with that.

Unless you are at Guantanamo....

 

[Abraham]

I was actually "detained" last year but not arrested. I was not free to leave though, so I'm not sure what the difference is.

YOUR CONSTITUTIONAL RIGHTS WERE VIOLATED!!!!!!!!!

I live in Williamson County, Texas. Constitution doesn't really apply here.

 

[Buckfast 1]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

 

[Guest]

You can't swing a dead cat in the FFA without hitting a lawyer guy. Where are they now?

 

[Jayrok]

Welcome to the hotel California...

 

[McGarnicle]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.

We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

 

[DiStefano]

Frankly, since I am not required to make a statement here, I will refrain from doing so.

But I did it, with my bow and arrow!

 

[Mister Martie]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

This plays out again and again in the show "The First 48."

 

[Guest]

Woz has to be in the courtroom. He's probably reading this on his phone, and having a panic attack because he can't respond.

 

[Slapdash]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.

We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

One thing I'm curious about is how one goes about finding a lawyer after they have been arrested. I guess that is just something you need to find beforehand, right?

 

[Rove!]

If you don't cooperate, there's always the threat threat they could decide to arrest you...

 

[seahawk 17]

You can be detained while police investigate a matter. You are placed under arrest when you are actually charged with a crime.

For example...you get in a fight and they detain you to investigate what happened. They decide that the fight was no big deal, you are free to go. On the flip side, fight was a big deal. You are charged with assault and then placed under arrest.

 

[T Bell]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

This plays out again and again in the show "The First 48."

That show was a real eye-opener for me in that regard. And those are major homicide cases too, and these morons are still singing like birds.

 

[Mister Martie]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

This plays out again and again in the show "The First 48."

That show was a real eye-opener for me in that regard. And those are major homicide cases too, and these morons are still singing like birds.

Police: Get it off your chest. If you cooperate, we'll do our best to help you out.Guy: Ok, I did it.

End of show text: Guy was charged with First Degree Murder and the state is seeking the death penalty.

 

[StrikeS2k]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.

We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

One thing I'm curious about is how one goes about finding a lawyer after they have been arrested. I guess that is just something you need to find beforehand, right?

This is FBG's. We all have lawyers on speed dial that we play golf with every weekend.

 

[Henry Ford]

I was actually "detained" last year but not arrested. I was not free to leave though, so I'm not sure what the difference is.

That's the difference. When you're detained, you're not arrested. They can only hold you for a certain number of hours.

It also means that they're not required to Mirandize you. And you won't be appointed an attorney. Whee!

 

[FUBAR]

The justice system would largely cease to function if people weren't ignorant

 

[Slapdash]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.

We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

One thing I'm curious about is how one goes about finding a lawyer after they have been arrested. I guess that is just something you need to find beforehand, right?

This is FBG's. We all have lawyers on speed dial that we play golf with every weekend.

Guess I am slacking.

 

[GroveDiesel]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

One thing I'm curious about is how one goes about finding a lawyer after they have been arrested. I guess that is just something you need to find beforehand, right?

This is FBG's. We all have lawyers on speed dial that we play golf with every weekend.

You let your lawyer play golf with you?Do you also invite your gardner to the club for massage?

 

[Buckfast 1]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

The police can hold a suspect who is not free to leave for questioning under an "investigative detention," absent probable cause to make an arrest. However, the police have to be careful that the "investigative detention" does not ripen into a full-blown arrest, otherwise they risk suppression of the suspect's statement if a court later determines that there was no probable cause for arrest. It is kind of a blurry, convoluted distinction between investigative detentions and arrests, which depends on a number of different factors including length of the detention, location of the detention, the officer's statements to the suspect, etc.

A suspect should generally just ask the law enforcement officers if he is free to leave. If so, he should probably just bounce with the knowledge that the police likely do not yet have sufficient probable cause to arrest him for the suspected crime.

 

[SacramentoBob]

I think we need a LawyerGuy speed dial service for cases like this.

 

[whoknew]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

This plays out again and again in the show "The First 48."

That show was a real eye-opener for me in that regard. And those are major homicide cases too, and these morons are still singing like birds.

I agree with you. It was very surprising.

It was really clear that felony murder is not a well known crime. Lots of people on that show start out, "Well, I was just there to rob him. It was Steve who killed him."

I just want to scream at those people - "Shut the hell up! LAWYER!"

 

[SacramentoBob]

Prisons are full of people who didn't know to ####.

 

[FUBAR]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

This plays out again and again in the show "The First 48."

That show was a real eye-opener for me in that regard. And those are major homicide cases too, and these morons are still singing like birds.

I agree with you. It was very surprising.

It was really clear that felony murder is not a well known crime. Lots of people on that show start out, "Well, I was just there to rob him. It was Steve who killed him."

I just want to scream at those people - "Shut the hell up! LAWYER!"

People who rob don't understand the criminal code? Who knew?

 

[Black Box]

Frankly, I'm fine with people just confessing up front (assuming they're telling the truth).

 

[Zow]

I was actually "detained" last year but not arrested. I was not free to leave though, so I'm not sure what the difference is.

So long as they didn't try to ask you questions designed to incriminate yourself, not much (for the purposes of discussing the issue raised in the OP).

 

[Zow]

I was actually "detained" last year but not arrested. I was not free to leave though, so I'm not sure what the difference is.

That's the difference. When you're detained, you're not arrested. They can only hold you for a certain number of hours.

It also means that they're not required to Mirandize you. And you won't be appointed an attorney. Whee!

Technically, as long as a cop doesn't try to question you, they never have to Mirandize you.

Additionally, the test for whether the officer must read you your rights is not whether you're under arrest but whether the interrogation is custodial. An investigation becomes custodial when a reasonable person in your position would not feel free to leave. Factors to consider, as pointed out by Buckfast, are things like location, whether room is locked, whether in cuffs, etc.

 

[Zow]

Woz has to be in the courtroom. He's probably reading this on his phone, and having a panic attack because he can't respond.

It's like you know me too well.

 

[Zow]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.

We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

Advice I give in pretty much any situation, especially where a person is guilty:

1. Ask the officer if you're free to leave. If he says yes, do so. If he says no, remain calm and physically comply with any commands of the officer.

2. Politely request to speak to an attorney before answering any question about a fact or what happened, no matter how trivial. If you plan on engaging in criminal activity, have your attorney's contact information with you at all times.

3. Never, under any circumstances, grant a police officer permission to search something or some place that he's asking your permission to search. If a cop is asking your permission to do something, he likely doesn't have legal grounds to do it otherwise. Politely decline.

 

[Officer Pete Malloy]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.

We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

Advice I give in pretty much any situation, especially where a person is guilty:

1. Ask the officer if you're free to leave. If he says yes, do so. If he says no, remain calm and physically comply with any commands of the officer.

2. Politely request to speak to an attorney before answering any question about a fact or what happened, no matter how trivial. If you plan on engaging in criminal activity, have your attorney's contact information with you at all times.

3. Never, under any circumstances, grant a police officer permission to search something or some place that he's asking your permission to search. If a cop is asking your permission to do something, he likely doesn't have legal grounds to do it otherwise. Politely decline.

Another good one: If you're pulled over by the police (traffic stop) and they ask you "Do you know why I pulled you over?" never answer with something like "because I was speeding?" or "I rolled through that last stop sign?" Just say "No, Officer. I don't".

 

[StrikeS2k]

Another good one: If you're pulled over by the police (traffic stop) and they ask you "Do you know why I pulled you over?" never answer with something like "because I was speeding?" or "I rolled through that last stop sign?" Just say "No, Officer. I don't".

I always say "I thought you wanted to sell me tickets to the Policeman's ball."

 

[Uwe Blab]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

Advice I give in pretty much any situation, especially where a person is guilty:1. Ask the officer if you're free to leave. If he says yes, do so. If he says no, remain calm and physically comply with any commands of the officer.

2. Politely request to speak to an attorney before answering any question about a fact or what happened, no matter how trivial. If you plan on engaging in criminal activity, have your attorney's contact information with you at all times.

3. Never, under any circumstances, grant a police officer permission to search something or some place that he's asking your permission to search. If a cop is asking your permission to do something, he likely doesn't have legal grounds to do it otherwise. Politely decline.

Another good one: If you're pulled over by the police (traffic stop) and they ask you "Do you know why I pulled you over?" never answer with something like "because I was speeding?" or "I rolled through that last stop sign?" Just say "No, Officer. I don't".

And do what this guy does.

 

[Politician Spock]

The forum is slacking today. This should have been said in the first 10 posts.

If you have nothing to hide, why does it matter? Just cooperate and be done with it quicker.

That one always makes me giggle.

 

[Zow]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.

We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

Advice I give in pretty much any situation, especially where a person is guilty:

1. Ask the officer if you're free to leave. If he says yes, do so. If he says no, remain calm and physically comply with any commands of the officer.

2. Politely request to speak to an attorney before answering any question about a fact or what happened, no matter how trivial. If you plan on engaging in criminal activity, have your attorney's contact information with you at all times.

3. Never, under any circumstances, grant a police officer permission to search something or some place that he's asking your permission to search. If a cop is asking your permission to do something, he likely doesn't have legal grounds to do it otherwise. Politely decline.

Another good one: If you're pulled over by the police (traffic stop) and they ask you "Do you know why I pulled you over?" never answer with something like "because I was speeding?" or "I rolled through that last stop sign?" Just say "No, Officer. I don't".

Yep. Again, especially if you are guilty of something greater (like transporting pounds of meth on the inside of your door panel).

The only caveat I'd have to this is, and I'm getting this from officers I trust, is that the likelihood of getting just a warning will go up if you are contrite and cooperative. So, if you're a person with little to no prior traffic violation and you were doing something like merely speeding (which is incredibly difficult to factually defend in court), there is a certain risk/reward benefit to admitting your menial violation and apologizing for it. That said, the safest or most conservative thing to do is to politely say that you don't know why you were pulled over.

 

[Officer Pete Malloy]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.

We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

Advice I give in pretty much any situation, especially where a person is guilty:

1. Ask the officer if you're free to leave. If he says yes, do so. If he says no, remain calm and physically comply with any commands of the officer.

2. Politely request to speak to an attorney before answering any question about a fact or what happened, no matter how trivial. If you plan on engaging in criminal activity, have your attorney's contact information with you at all times.

3. Never, under any circumstances, grant a police officer permission to search something or some place that he's asking your permission to search. If a cop is asking your permission to do something, he likely doesn't have legal grounds to do it otherwise. Politely decline.

Another good one: If you're pulled over by the police (traffic stop) and they ask you "Do you know why I pulled you over?" never answer with something like "because I was speeding?" or "I rolled through that last stop sign?" Just say "No, Officer. I don't".

Yep. Again, especially if you are guilty of something greater (like transporting pounds of meth on the inside of your door panel).

The only caveat I'd have to this is, and I'm getting this from officers I trust, is that the likelihood of getting just a warning will go up if you are contrite and cooperative. So, if you're a person with little to no prior traffic violation and you were doing something like merely speeding (which is incredibly difficult to factually defend in court), there is a certain risk/reward benefit to admitting your menial violation and apologizing for it. That said, the safest or most conservative thing to do is to politely say that you don't know why you were pulled over.

True. I'm a middle-aged white dude that drives an Impala. I could probably tell the local cops "Yeah, I was speeding but it's just because there's a lot of Messicans in this part of town and I thought I saw a negro at the last stop light" and they'd probably give me a fist-bump and let me go.

 

[Maurile Tremblay]

I pretty much drill this into my students' heads when we do the BoR. I'm a commie I guess.

Oh, Bill of Rights. It took me a while to figure out that you didn't mean a Bottle of Rum (which would be an interesting pedagogical technique).

 

[Henry Ford]

I was actually "detained" last year but not arrested. I was not free to leave though, so I'm not sure what the difference is.

That's the difference. When you're detained, you're not arrested. They can only hold you for a certain number of hours.

It also means that they're not required to Mirandize you. And you won't be appointed an attorney. Whee!

Technically, as long as a cop doesn't try to question you, they never have to Mirandize you.

Additionally, the test for whether the officer must read you your rights is not whether you're under arrest but whether the interrogation is custodial. An investigation becomes custodial when a reasonable person in your position would not feel free to leave. Factors to consider, as pointed out by Buckfast, are things like location, whether room is locked, whether in cuffs, etc.

This is going to make this discussion much more complicated.

 

[Lance Uppercut]

Another good one: If you're pulled over by the police (traffic stop) and they ask you "Do you know why I pulled you over?" never answer with something like "because I was speeding?" or "I rolled through that last stop sign?" Just say "No, Officer. I don't".

I always say "I thought you wanted to sell me tickets to the Policeman's ball."

Good one, Uncle Lou.

 

[Lance Uppercut]

True. I'm a middle-aged white dude that drives an Impala.

WHAT HAPPENED TO THE MAZDA

 

[Zow]

I was actually "detained" last year but not arrested. I was not free to leave though, so I'm not sure what the difference is.

That's the difference. When you're detained, you're not arrested. They can only hold you for a certain number of hours.

It also means that they're not required to Mirandize you. And you won't be appointed an attorney. Whee!

Technically, as long as a cop doesn't try to question you, they never have to Mirandize you.

Additionally, the test for whether the officer must read you your rights is not whether you're under arrest but whether the interrogation is custodial. An investigation becomes custodial when a reasonable person in your position would not feel free to leave. Factors to consider, as pointed out by Buckfast, are things like location, whether room is locked, whether in cuffs, etc.

This is going to make this discussion much more complicated.

Then let's just stick with "whether one can reasonably believe they are free to leave" and dispense with the legal terms.

 

[Henry Ford]

I was actually "detained" last year but not arrested. I was not free to leave though, so I'm not sure what the difference is.

That's the difference. When you're detained, you're not arrested. They can only hold you for a certain number of hours.

It also means that they're not required to Mirandize you. And you won't be appointed an attorney. Whee!

Technically, as long as a cop doesn't try to question you, they never have to Mirandize you.

Additionally, the test for whether the officer must read you your rights is not whether you're under arrest but whether the interrogation is custodial. An investigation becomes custodial when a reasonable person in your position would not feel free to leave. Factors to consider, as pointed out by Buckfast, are things like location, whether room is locked, whether in cuffs, etc.

This is going to make this discussion much more complicated.

Then let's just stick with "whether one can reasonably believe they are free to leave" and dispense with the legal terms.

But that doesn't actually fit the example given by Abe.

 

[IC FBGCav]

You're pretty much right, McG. It's amazing how many real life suspects proceed with giving a voluntary statement without an attorney when it would have been in their best interest to remain silent and request an attorney. Oftentimes, a case may have been declined by the U.S. Attorney's Office or DA's office, but for the fact that the defendant confessed to the crime in a voluntary interview with law enforcement officers.

What I see on fictional TV shows all the time -- the perp is sitting there in the room getting grilled. The questions make him a little uncomfortable so he lawyers up. Suddenly the cops are like, oh crap, now the lawyer gets involved.

We know once the lawyer shows up, he's going to advise his client not to say anything at all, most likely.

Instead of requesting a lawyer, the perp could simply ask to leave, right?

Advice I give in pretty much any situation, especially where a person is guilty:

1. Ask the officer if you're free to leave. If he says yes, do so. If he says no, remain calm and physically comply with any commands of the officer.

2. Politely request to speak to an attorney before answering any question about a fact or what happened, no matter how trivial. If you plan on engaging in criminal activity, have your attorney's contact information with you at all times.

3. Never, under any circumstances, grant a police officer permission to search something or some place that he's asking your permission to search. If a cop is asking your permission to do something, he likely doesn't have legal grounds to do it otherwise. Politely decline.

Another good one: If you're pulled over by the police (traffic stop) and they ask you "Do you know why I pulled you over?" never answer with something like "because I was speeding?" or "I rolled through that last stop sign?" Just say "No, Officer. I don't".

Yep. Again, especially if you are guilty of something greater (like transporting pounds of meth on the inside of your door panel).

The only caveat I'd have to this is, and I'm getting this from officers I trust, is that the likelihood of getting just a warning will go up if you are contrite and cooperative. So, if you're a person with little to no prior traffic violation and you were doing something like merely speeding (which is incredibly difficult to factually defend in court), there is a certain risk/reward benefit to admitting your menial violation and apologizing for it. That said, the safest or most conservative thing to do is to politely say that you don't know why you were pulled over.

This worked 2 out of 3 times for me. I was pulled over in my home state twice(NC), knew I was speeding admitted the speed I was going and they let me go with a warning. The out of state one(WVA) dropped the speed from 90 to 75 (70 limit) but still ticketed me.