You can refuse to answer *any* question citing the 5th amendment. You never know how something you say will be twisted when you get into the court room (if things go that far). Remember the part of Miranda that says "anything you say can and will be used against you". Well, the cautionary statement is true ALL of the time.srothstein wrote:...the Fifth only protects against incriminating ones.
As many times as a stop goes sideways on a LEO, I'm surprised when I hear people get out of their cars without being asked. That's pretty much the best way I know of to make the LEO skittish and defensive.srothstein wrote:Another point to think about, though, is if you can get out of the car and lock it.
Bingo. The smart play is to relax and cooperate. The more cooperative you are at the outset, the less likely it is that the LEO will want to try to trample your rights. If the LEO starts to look like he's going to play dirty, that's when I would start to feel burdened by the stop and become defensive myself.srothstein wrote:To be honest, this is also one of those [things] I don't see happening since MOST CHL's would cooperate and answer.
I guess I'm just getting old. Being combative or resistant for no tangible reason is a waste of your time and energy.