Sometimes real life gets in the way…
| Oh, You Were Planning a Non-Virtual Relationship?
Guy #1: That girl at the party, Kyra—she was hot. –Manhattan-bound F train via Overheard in New York, Feb 4, 2007 |
The only thing worse than a mixed metaphor is a mixed metaphor that doesn’t work.
| Bear: For the Last Time, I Am Not Catholic!
Guy #1: Is this the place? –7th St & Ave A via Overheard in New York, Feb 4, 2007 |
What’s a meadow for anyway? Why to grow daffodils and dandelions in, of course. Another limited engagement folks. [Sorry, Myra.]
The Grammar Girl podcast that I listened to yesterday included information about a new qdnow podcast called, Legal Lad. Now, I don’t know about you, but I don’t know anyone who wouldn’t appreciate some free legal advice.
I listened to the first (and only, so far) episode, and already I have learned some invaluable information. The episode is called, “You have the right to remain silent…” and you will be thanking me the next time you get stopped by a cop, if you take a quick moment to read the transcript of it behind the cut.
You Have The Right To Remain Silent…
Hello, and welcome to Legal Lad’s Quick and Dirty Tips for a More Lawful Life.
But first, a disclaimer: While I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction.
Today’s episode will focus on what you must tell police when you are pulled over in a car: the first of a three-part series on your legal rights when pulled over.
Most of us have, unfortunately, been pulled over by the police. Here are a few tips on what you must say to an officer when he or she approaches your car and starts speaking to you. Please note that these tips do not apply to what you must DO when an officer commands you to act, such as telling you to get out of the car. We’ll cover that in later episodes.
First, always be polite. This is good advice for everyday living and especially important when dealing with police. Remember, most officers are just doing their jobs.
Second, there are only a few things that you must tell a police officer. Generally, you must tell the police officer your name, address, and your date of birth. If the police officer requests them, you must also present a valid driver’s license and car registration.
Third, you do not have to tell an officer anything after this basic information. In fact, you have a constitutional right to say nothing else. If a police officer asks where you have been that night, where you are going, etc., you are not obligated to tell them. You may say, “I do not wish to say anything further, thank you. Am I free to go?”
Even if the officer then says, “If you have nothing to hide, then you should speak to me,” or “If you cooperate with me, I can make things easier for you,” you are not required to speak.
Many people think that not responding to questions can seem uncooperative, and that an officer can arrest you if you do not tell them what they want to know. This is not true. Your choice to remain silent after giving your basic information cannot be used against you in court, and your choice to remain silent cannot give the officer more reason to arrest you.
Another common misconception is that the police have to give you your Miranda warnings, including the phrase, “You have the right to remain silent,” and if they don’t, that anything you say cannot be used against you. This is not quite true. Officers must only inform you of your Miranda rights when they take you into custody. Being pulled over is not generally considered being taking into custody. Officers do not have to tell you about your right to remain silent just because they pulled you over for speeding.
If you do choose to speak, your statement might give an officer enough suspicion to search your car or to detain you further. If you say something incriminating, the statement can be used against you in court.
Of course, police officers are generally here to help, so you may choose to answer any questions that an officer asks.
Or, after you give your basic information, it is OK to say, “I do not wish to say anything further, thank you. Am I free to go?”
Please tune in for the next two episodes, which will provide tips on what you may say to an officer if he or she asks to search your car, and what you must do when an officer wants to administer a field sobriety test.
Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful Life.
You can send questions and comments to legal@qdnow.com or call them in to the voicemail line at 206-202-4LAW. Please not that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.
I spent six hours at Helios today updating my research paper from last semester’s ENG 525 Variety in Language class.
I am trying to get this paper to a place in which:
- It is publishable, and
- I can share it with others doing research in the same area.
I worked on this for a day or so a while ago, and thought I was much closer to it being where it needs to be than it is. Grrrrrrrr!
Joe called at about 10:00, and we drove over to Flex to play a few games of pool. We thought for sure, that since it was Monday night, which is typically dead there, we’d be “left alone” to play. Not so.
We went over to CCs, where it was Open Mic night, and the Price & Rice show was on. Kurt was up there singing with them when we arrived.
It turned out that Monday is “free pool” night there, so we played a couple of games of pool. In peace.
CCs closed at about 12:30—kicked us out of there, actually. We stopped by The Borough, where we were waited on by Schmitty and Marti. Schmitty is a Lesbian. Marti isn’t.
I got Marti to go into the men’s room with me, armed with a red marker, to add that apostrophe to “employee’s,” and much to our collective horror, we found the sign completely gone. Some deranged editor probably went out of his mind.
I asked her to check the women’s bathroom, in which Liz had told me the word “toilet” is spelled wrong on that sign. Sure enough, it was. The apostrophe was in “employee’s,” though. Toilet was spelled “toliot.” As in Romeo and Toliot, I guess.