I have always been a fan of the shows like COPS and OP Live. Watching both I see that nowadays lots of people just babble on and on during the encounter. Many of them would be on their way in short order with sensible behavior but instead it’s off to jail.
Why the difference? Did the old COPS just not use footage of dipsticks verses the live-ish coverage now? Is it increased drug use or many different drugs nowadays?

No change that I see. People are their own worst enemy. Didn do Nothin is a time honored phrase.

Many people talk themselves into jail. Very few manage to talk themselves out of jail.

quote:

Originally posted by elmer:
Many people talk themselves into jail. Very few manage to talk themselves out of jail.

While this is true, let's not pretend LE don't encourage them to waive their Miranda rights. "What do you have to hide? If you didn't do anything wrong, you shouldn't be afraid to answer my questions (or consent to a warrantless search)."

I often approached people I suspected of crime with:
"Can I ask you something"?
"Can I talk with you for a second"?
If you said no, and I had no other information or probable cause to detain you, off you went.
If you said yes, you were not in custody and were free to shut up or walk away. And what you said was admissible in court and did not require Miranda Warning. One of my "can I talk with you for a second" stops went on the way to state supreme court on a multiple previous offense DUI case. Upheld.
If you are considering a life of crime and find yourself in the company of police:
Just. Shut. Up.

I am surprised at the number of people who allow themselves or vehicles to be searched, and sure enough, the cop finds drugs or other contraband. All they had to do, in many cases, was shut up.

On occasion, I ask “Do you know and own everything in the vehicle?” The responses are often comical, sometimes starting the process for a search. REMEMBER, body language is a big thing we’re reading here.

IF citizens could ingest all of the mind altering intoxicants without negatively affecting society, we’d be out of a job. Welfare dependency, chemical dependency, violence, traffic crashes, deformed/chemical dependent fetus/babies/children, child abuse, theft, etc, etc, etc, are what we LEOs are trying to minimize when we go forth to enforce the laws charged to us by the elected.

quote:

Originally posted by iron chef:

quote:

Originally posted by elmer:
Many people talk themselves into jail. Very few manage to talk themselves out of jail.

While this is true, let's not pretend LE don't encourage them to waive their Miranda rights. "What do you have to hide? If you didn't do anything wrong, you shouldn't be afraid to answer my questions (or consent to a warrantless search)."

They have no Miranda rights unless they are in custody.

“They have no Miranda rights unless they are in custody”

What? That’s ridiculous.
Miranda is not a right, it is a statement notifying someone of rights they already have. You don’t need to be in custody to be afforded these protections. Are you a LEO?

quote:

Originally posted by Pyker:

quote:

Originally posted by iron chef:

quote:

Originally posted by elmer:
Many people talk themselves into jail. Very few manage to talk themselves out of jail.

While this is true, let's not pretend LE don't encourage them to waive their Miranda rights. "What do you have to hide? If you didn't do anything wrong, you shouldn't be afraid to answer my questions (or consent to a warrantless search)."

They have no Miranda rights unless they are in custody.

...And then questioned. If they are in the backseat, can't they talk all they want?

People who commit crimes are typically on the low IQ side of the spectrum. Add alcohol and/or meth to the equation you get a person under arrest.

You only have to advise Miranda, if
A. They are in custody, AND
B. You are asking incriminating questions.

You can talk to prisoners about their pedigree info and it’s not considered incriminating.

Yoop is right and it’s the way to do it.
I used to do the same, during a car stop and just bumping into people, hey, how’s it going can I ask you something? You can ask if they have been drinking, how much is draft at the bar you saw them pull out of, etc..as long as they aren’t in cuffs or sitting in the back of a car, they aren’t in custody-ask away.

You’d be amazed at how many people won’t tell you No. when you ask to search someone. I can’t recall anyone who didn’t agree to a search/pat down.

Yes the best advise is to be quiet.

quote:

Originally posted by ftttu:
On occasion, I ask “Do you know and own everything in the vehicle?” The responses are often comical, sometimes starting the process for a search. REMEMBER, body language is a big thing we’re reading here.

If you ask me that question, I'm going to look at you with a quizzical look. Even if I've been the only one in my car for a while, how should I know everything in my car and whether I own it? I'm going to politely decline to answer.

quote:

Originally posted by Rey HRH:

quote:

Originally posted by ftttu:
On occasion, I ask “Do you know and own everything in the vehicle?” The responses are often comical, sometimes starting the process for a search. REMEMBER, body language is a big thing we’re reading here.

If you ask me that question, I'm going to look at you with a quizzical look. Even if I've been the only one in my car for a while, how should I know everything in my car and whether I own it? I'm going to politely decline to answer.

As I said, officers are reading body language, other than just taking in what is being said verbally. If can articulate reasonable suspicion, I may ask to search. It does not give me probable cost to do so in itself…unless it is incriminating.

Me: Sir, are you aware of everything that is in your vehicle, and will you take responsibility if I search and find anything which may be illegal?

Driver: Well, my friend was in my car a few days ago, and I still smell dope in here. To me, that jumps past RS up to probable cause. Also, even if someone is found in possession, our ADA’s want us to show knowledge of it.

If driver said nothing and I can’t articulate any reason other than a refusal to answer, I may not even ask to search. Dope is a dime a dozen arrest, and I get no excitement at all after almost 29 years.

Some people just rattle on and on. Usually the repeating the essentially the same thing. Usually professing innocents or butthurtness about being detained. They don’t act drunk but clearly they are high on something. There seems to be a feeling that they are royalty, beyond question, the rules don’t apply them, totally in denial of the reason that started the encounter.
What drug aside from testosterone does this?

Clam up, fess up or lawyer up. I always say

Some also think they are smarter than everyone else, so they think they can talk their way out of being arrested.

They're also very drunk and/or very stoned while they're arguing case law with the police.

.

Hey Jed,
I doubt Cops would be as entertaining to you if all the innocent people, and/or sober people, and/or people that choose not to answer questions actually made it onto the show.

I expect they air just a small percentage of the hours and hours of material that gets filmed.

.