Friendly reminders from the ACLU. Know your rights: Stopped by Police

[BeckyDem]

Stopped by Police

Being stopped by police is a stressful experience that can go bad quickly. Here we describe what the law requires and also offer strategies for handling police encounters. We want to be clear: The burden of de-escalation does not fall on private citizens — it falls on police officers. However, you cannot assume officers will behave in a way that protects your safety or that they will respect your rights even after you assert them. You may be able to reduce risk to yourself by staying calm and not exhibiting hostility toward the officers. The truth is that there are situations where people have done everything they could to put an officer at ease, yet still ended up injured or killed.

I’ve been stopped by the police in public
Your rights

You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud. (In some states, you may be required to provide your name if asked to identify yourself, and an officer may arrest you for refusing to do so.)
You do not have to consent to a search of yourself or your belongings, but police may pat down your clothing if they suspect a weapon. Note that refusing consent may not stop the officer from carrying out the search against your will, but making a timely objection before or during the search can help preserve your rights in any later legal proceeding.
If you are arrested by police, you have the right to a government-appointed lawyer if you cannot afford one.
You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports as well as for individuals on certain nonimmigrant visas, including tourists and business travelers. For more specific guidance about how to deal with immigration-related questions, see our immigrants’ rights section.)

How to reduce risk to yourself

Stay calm. Don’t run, resist, or obstruct the officers. Do not lie or give false documents. Keep your hands where the police can see them.

What to do if you are arrested or detained

Say you wish to remain silent and ask for a lawyer immediately. Don’t give any explanations or excuses. Don’t say anything, sign anything, or make any decisions without a lawyer.
If you have been arrested by police, you have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often do listen if you call anyone else.

read more here: https://www.aclu.org/know-your-rights/stopped-by-police/

[bdamomma]

1. kicking for visibility

nt

[SunSeeker]

2. Yep, just STFU.

My favorite video on this topic--1 minute of pure, hilarious but spot on perfection:

[BeckyDem]

3. lol +1

I love the back up guy in the background with the cigar too, nice touch. ha ha

[underpants]

4. Bookmarked

Not to argue with you or the ACLU but the SupremeCourt did rule a few years ago that a defendant must state that they are invoking Miranda.

A suspect's silence during interrogation does not invoke their right to remain silent under Miranda v. Arizona. The invocation of that right must be unambiguous, and silence is not enough to invoke it. Voluntarily and knowingly responding to police interrogation after remaining silent constitutes a waiver of the right to remain silent, provided that a Miranda warning was given and the suspect understood it. Sixth Circuit reversed and remanded.
https://en.wikipedia.org/wiki/Berghuis_v._Thompkins

[BeckyDem]

5. That's ok, it's good to discuss these things.

To your point, is the ACLU advice not addressing that here when they state: (Say you wish to remain silent and ask for a lawyer immediately.)