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Don’t ever hand your phone to the cops (www.theverge.com)

submitted 2 months ago by [email protected] to c/[email protected]

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[–] [email protected] 7 points 2 months ago (1 children)

in some jurisdictions, failure to identify is an arrestable offense

There's nowhere in the US that is true without reasonable, articulable suspicion (Terry v Ohio)

explicitly state that you are exercising your fifth amendment rights.

You really don't need to do that unless you've already started answering questions, but it is good practice.

[–] [email protected] 6 points 2 months ago (1 children)

Keep in mind that the cops don't have to provide you with their reasonable suspicion in order to demand ID. It's not until court that they have to provide their reasonable suspicion. So they have plenty of time to come up with justification after the fact.

Also, on the Fifth Amendment I thought I had read somewhere about a case where a man simply remained silent and never once invoked his right and it didn't end well for him. I cannot remember the details, but for some reason I thought that you still had to invoke the fifth even if you have not yet answered any questions. I'll have to look back into this later and post back if I find the story.

[–] [email protected] 2 points 2 months ago

So they have plenty of time to come up with justification after the fact.

Sure, if they have any.

I thought I had read somewhere about a case where a man simply remained silent and never once invoked his right and it didn't end well for him.

Yeah the footnote from that case was that he started answering questions and then clammed up later. For some reason that doesn't work.