A police officer comes to a man and says, hey, I want to talk to you. I can say, hey, go away! I am not talking to anybody!
You could say, officer, I do not even know what my rights are, but I want a lawyer, I do not want to do anything with you, officer until I consult with an attorney.
A smart person whether guilty or innocent when approached by law enforcement is going to seek legal advice.
Because once you get counsel, counsel will usually advice you of what your rights are and the police are relying on the fact that you do not know what your rights are.
Often, law enforcement to follow up a hunch will say to you, I would like to search your car!
You do not have any guns or drugs in this car, do you? And you say, no!
Good and I am just doing my job. I will probably start to turn to walk away and kind of Colombo style. Just one more question.
They cannot come up to you on the street and say, we want to ask you a few questions and make you answer.
I am really glad you do not have any drugs or weapons in your car because you do not have any drugs or weapons in your car, you would not mind me looking in your car, would you? And so what you have got is drugs in the trunk and now you are in this dilemma, do I say, yes, you can look in my trunk!
They have no right to do it and I would not give up your right to say no.
You have the power to say, no! you cannot look in my trunk!
If they have the legal basis that require to search, then let them go and get a warrant.
And most people think, oh my goodness, I could not tell them that. I mean, when I told my mother that she could not look in my room, we both knew that there was something in my room. So, I say, sure you can look around! Hoping they will not find the drugs under the blanket and the trunk, which of course they do!
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