if they are going to fabricate evidence, why do you think they wouldn't also do that if you do talk to them and you already match whoever they are looking for?
Your position is just bonkers.
Your position is just bonkers.
Real lawyer opinion > armchair lawyer opinion.
But if you start invoking your rights and they think you have something to hide, they can easily find an excuse. "I smelled alcohol" is a popular one. If you refuse the test, they can invoke the smell of alcohol as an excuse to bring you in. They will eventually let you go, but that's days rather than minutes.
Police will correctly tell you that they don't want to harass you and it is much easier to simply answer their questions if you have nothing to hide. You don't have to, and most of the time they'll still just let you go as long as you comply with the actual orders. But it's not a guarantee.
It doesn't mean any of them are wrong, but experts in their respective fields are most aware of the edge cases, they might not be optimizing for what everyone else is optimizing, and they cost the most: and sometimes that cost is an opportunity cost, be it time, money, knowledge, etc.
My original reply was an attempt to prove at that.
Actually, the "retired cop" (he was not retired at the time of the video) was also a law student taking part in the law school lecture at the law school he was attending.
And those fucking cardiac surgeons are forever telling you that your brother in-law, the roofing contractor, shouldn't be performing your triple bypass surgery and that your only option is a "board certified" (whatever that bullshit means -- a couple grand every year, maybe?) heart surgeon. amirite?
And don't get me started on how useless dentists are. I have my own pliers. Geez Louise!
Please.
Cop: I pulled you over for speeding. May I have your license and registration please.
Me: (Hands over documents)
Cop: Where are you headed tonight?
Me: On my way home
Cop: Have you been drinking tonight?
Me: No sir.
Cop: walks back to his car, does whatever they do, comes back with either a ticket (which, honestly, I deserve) or a warning.
That's not to say there's never a situation where remaining silent and lawyering up is your best move, but I do not see how refusing to answer these questions or blustering about "my rights" is going to result in any better outcome in a typical roadside traffic stop.
A huge amount of police work is vibes based "this guy looks sketchy, let's wait for him to do something and check him out" stuff. If you talk, they decide there's nothing to see here, move on.
If you don't talk in a clumsy way they decide you're up to no good and pull every trick in the book to get you. And they have plenty of tricks to construe the situation to their favor once they go down that path.
You absolutely can escalate what could've been a warning or simple ticket into a full fledged drug dog fake hit type stop by being obtuse. Or in the case of a real investigation escalate a "this ain't are guy" into a "put them on the short list and really go over them" (which you hope comes to nothing, but still).
>Your position is just bonkers.
Your position is just ignorant.