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Withholding names from the police
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  1. #1
    Law Curious
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    Default Withholding names from the police

    Alright, I know I posted one on here that didn't get answered before, however I do have a new question.

    -Is is illegal to withhold names from the police when interrogated?

    Say for instance a kid at school gets drug tested, they come up positive for THC but didn't actually smoke anything. They were in a room full of people smoking it, but didn't do it themselves. The child denies smoking it but tells them that he/she was in fact around it at the time. The authorities ask them who was in the room, but the kid doesn't want to get their buddies in trouble. So would he/she get in trouble if they didn't say any names.

  2. #2
    Law Curious
    Join Date
    Apr 2010
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    Talking Don't talk......................

    Never ever speak to the PIGS!
    Ask for a lawyer, then make sure you have a very good lawyer.
    Be careful there are many bad lawyers.
    A good lawyer will not let you speak to PIGS.
    Unless you have a ironclad contract.
    PIGS CANNOT BE TRUSTED AT ALL.

    Do not take this as legal advise!
    Always contact a GOOD lawyer.............

  3. #3
    Legal Forum Associate
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    Default

    Although I don't share BigBrothers disdain for the cops, he has a point that cops can't always be trusted in an interrogation setting. They can say things that aren't true in an effort to get what they want. Police don't always have to be truthful as long as there's no conflict of interest, entrapment, or potential for harm to anyone. Interrogators commonly lie to get the result they want. They typically don't care what consequences fall upon the person they are interrogating. If the kid at school gets beaten up for naming another person, the cops won't do much to prevent it. They'll file a report afterwards and possibly help file charges against the other kid that does the beating, but that will be after the fact. Kid #1 will still be injured from the assault. That's just an example. I was a cop for many years. If the people involved are young, more discretion would come into play. Most cops would not allow a young kid to suffer consequences just for some information. Especially with Marijuana. Adults however are regularly pumped for information and then left to defend for themselves.
    To answer your question, it depends on the circumstances. I murder case? Sure. Anyone not providing information they have could be charged criminally. It's not likely the cops would charge someone withholding information about smoking pot. If they did, the District Attorney would throw it out and the cop would be in the chiefs office the next day explaining why he/she is wasting time and resources. Good luck.
    I offer my advice freely with the understanding that I'm not a lawyer nor am I even a resident of your state. Laws differ from state to state.
    If you would like to speak on the phone with an attorney in your state, please check out my website at: challengefate.com

  4. #4
    Law Curious
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    Default

    I would ask that more respect be shown for police officers. Their job is to investigate crimes and produce evidence for the prosecution. This fact alone does not make them deserving of the name "pig". Bad cops exist, but bad criminal defendants exist too.

    With all that being said, the 5th amendment gives you the absolute right to remain silent if you are being interrogated by the police. The one exception is "pedigree" information, which are things that ordinarily would be on the face of your driver's license, like name and address. Once they start asking you what you're doing, where you're going, have you had anything to drink, etc., you should clam up.

    Police are authorized to use a number of tactics to get you to talk. Everything from "just tell the truth and it will make everything easier" to "if you just confess to this crime we'll let you go home". If you tell the truth, it will make it easier for them, not you. Confessing won't get you home, but it will get you thrown jail. Police are allowed to lie to to you to get you to talk. They can misstate the law, they can misstate facts.

    Be respectful of police, they risk their lives to keep us all safe. But also realize their job is to collect evidence and find criminals. They are highly trained and very skilled at what they do. So if they come after you, they are your adversary, and you must protect yourself. Know your rights.

  5. #5
    Law Curious
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    Default Withholding names from p olice

    This is an area to be cautious of. It makes a huge difference if you are being "interrogated" by the cops or if they are in "investigation" mode when talking with you. If you are in a custodial setting you certainly may invoke your 5th Amendment rights. If you are simply being questioned by police while they are investigating a crime, you could be charged. Check your state statutes for clarification on what might constitute obstructing etc.

  6. #6
    Law Curious
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    Default

    I have to disagree with Webberjl.

    Merely remaining silent does not run afoul of any obstruction of justice statute that I'm aware of. Giving false information to police certainly does. Destroying evidence certainly does. But merely exercising your 5th amendment right to remain silent does not amount to OOJ, whether it's a custodial interrogation or just friendly questioning by police.

    Even if such a statute existed, I would argue that it would be constitutionally defective and therefore unenforceable.

    Perhaps you're thinking of the two conditions that require the officer to issue a Miranda warning: interrogation and custody.

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