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State vs Estep Totality of the Circumstances.

sudden valley gunner

Regular Member
Joined
Dec 13, 2008
Messages
16,674
Location
Whatcom County
Correct. The reason not to talk to Police is because you can not know what RAS they have is and by this example you may create it by talking or moving. Also you do not have the right to know what the RAS might be. The officer must only articulate it to the court after the fact.

Don't talk to the police.

Some with JD's I have talked to disagree with no reason being needing to be articulated at the scene, without articulated reason you have no reason to cooperate with the detention and what may very well be a false arrest.

The basis I have brought up before that this may be illegal, by the fourth amendment and our state constitution, Article 1 section 7.

Must they formally charge you later and before a judge yes. That is a seperate issue than informing you at the scene why you are being detained.

Either way we see it your way or mine, Absolutely don't talk to cops.
 
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gogodawgs

Campaign Veteran
Joined
Oct 25, 2009
Messages
5,669
Location
Federal Way, Washington, USA
Some with JD's I have talked to disagree with no reason being needing to be articulated at the scene, without articulated reason you have no reason to cooperate with the detention and what may very well be a false arrest.

The basis I have brought up before that this may be illegal, by the fourth amendment and our state constitution, Article 1 section 7.

Must they formally charge you later and before a judge yes. That is a seperate issue than informing you at the scene why you are being detained.

Either way we see it your way or mine, Absolutely don't talk to cops.

That certainly is an argument in the legal field, there just isn't enough stare decis surrounding it to help out the citizen.
 

BigDave

Opt-Out Members
Joined
Nov 22, 2006
Messages
3,456
Location
Yakima, Washington, USA
No, not necessarily. Which officer is going to be the next Birk, the next Meade.... due caution is required.

Do you really think if either person in these two situations would have came out any better by refusing to talk to the officer? I don't think so.
You have the idea correct on a officer not officers along with out of how many contacts that have been made be it investigative to an arrest to use of minimal force to deadly force, lets try and keep it in perspective.
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
12,452
Location
White Oak Plantation
Arrest.544.180. An arrest is made by an actual restraint of the person of the defendant, or by his submission to the custody of the officer, under authority of a warrant or otherwise. The officer must inform the defendant by what authority he acts, and must also show the warrant if required.

http://www.moga.mo.gov/statutes/C500-599/5440000180.HTM
1. The prudent citizen believes that all cops are bad until the citizen discovers that not all cops are bad....one cop at a time.

2. Do not discuss anything with any cop beyond what is legally required to be discussed.

If you seek the cop out, to consensually contact him, then run your pie-hole all you want. If you did not invite the contact, keep your pie-hole shut. Refer to #1 above.
 

that kind of guy

Regular Member
Joined
Feb 26, 2010
Messages
41
Location
Edmonds, Washington, USA
LOL...it's not "paranoia" to fear the government and their street soldiers. Act like they are all out to get you is not being paranoid it's being smart.

Agreed. Paranoia is just baseless or excessive suspicion of the motives of others; or as I like to say, unreasonable fear... do we have reason to fear an officer? I've seen many posts around here to fear that talking to the police could get me in trouble.

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