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eracer
09-10-2011, 08:07
What's the purpose of asking someone if they've "ever been arrested before?"

Am I required by law to answer that question during a traffic stop?

3.slow
09-10-2011, 08:26
You aren't required to answer anything. Watch an episode of "Cops" (the television show). It seems that almost everyone arrested volunteers information, consents to search, and generally acts stupid/disrespectful. Do the opposite and you should be better off.

MeefZah
09-10-2011, 08:35
What's the purpose of asking someone if they've "ever been arrested before?"

Am I required by law to answer that question during a traffic stop?

If I already know the answer, it can help establish if they are a liar.

If I don't, and they provide me with details, it helps me in the course of my investigation.

Are you required to answer? Well, depends on circumstances, what state you are in, and what the purpose of the investigation is. If you refuse to answer, or lie, I suppose you could catch a charge.

Wil Ufgood
09-10-2011, 08:51
Well I always ask, in the areas I work the chances are pretty good that they have been arrested before. i like to see if they are on parole or probation. It also helps me confirm identity when I run a name check. We get a lot of warrants hits.

eracer
09-10-2011, 09:47
If you've got my D/L are you going to see my entire arrest record?

And if I refuse to answer (which I believe is my right, even if I'm not under arrest) does that create justification for a charge of 'impeding an investigation?'

I know I'm required to identify myself during a traffic stop if I'm the driver (even if it doesn't escalate to the level of a Terry stop,) but would cause for a vehicle and/or person search be established if I refuse to answer any question beyond a request for identification?

wrenrj1
09-10-2011, 09:49
Delete...

wrenrj1
09-10-2011, 09:51
You aren't required to answer anything. Watch an episode of "Cops" (the television show). It seems that almost everyone arrested volunteers information, consents to search, and generally acts stupid/disrespectful. Do the opposite and you should be better off.

Best free internet advice from an unknown source I've heard all week!:rofl:

merlynusn
09-10-2011, 09:53
Mostly I do it to see if they are a liar or not. Sometimes it is to confirm a record or to see if there is a picture in the system (like when they don't have an ID).

If you lie, it makes me a lot more suspicious. But if a cop asks you if you have been arrested before and you say "I'd rather not answer that question." We are all going to assume it means yes. It doesn't really change anything with my interaction other than to know who I'm dealing with.

merlynusn
09-10-2011, 09:55
If you've got my D/L are you going to see my entire arrest record?

And if I refuse to answer (which I believe is my right, even if I'm not under arrest) does that create justification for a charge of 'impeding an investigation?'

I know I'm required to identify myself during a traffic stop if I'm the driver (even if it doesn't escalate to the level of a Terry stop,) but would cause for a vehicle and/or person search be established if I refuse to answer any question beyond a request for identification?

I can pull up local arrest records and if I have your license, then yes I can see it because I have your information. I typically wouldn't ask because I know unless I"m trying to see how truthful you are.

Your refusal to answer the question of if you have been arrested or not does NOT establish PC for me to search your car. There has to be more of it. Consequently your refusal to provide consent to search you or your vehicle or belongings does not in and of itself provide PC for me to search you.

eracer
09-10-2011, 10:06
I can pull up local arrest records and if I have your license, then yes I can see it because I have your information. I typically wouldn't ask because I know unless I"m trying to see how truthful you are.

Your refusal to answer the question of if you have been arrested or not does NOT establish PC for me to search your car. There has to be more of it. Consequently your refusal to provide consent to search you or your vehicle or belongings does not in and of itself provide PC for me to search you.Thanks. For me personally the question is pretty irrelevant, since the only arrest I have on my record was for driving without insurance back in 1981. I've got the Safe Driver D/L endorsement, blah, blah, blah, and I generally fall more on the side of making an officer feel safe when he stops me for a traffic violation.

Example, my GF was driving through Georgia on our way north when she got pulled over around midnight by a trooper for going 5 over on I-75. I have tinted windows in my truck (probably not legal in some states...) and told her to roll the front and rear windows down, and turn on the dome lights.

I know some non-LEO's and attorneys will gasp at that, but I think the officer saw that as a sign that I was more interested in making him feel safe than concealing anything from him. Did I open myself up to a vehicle search? Sure. I'm betting that most cops would look at her record, appreciate the gesture, and let us be on our way. He did.

I asked the 'have you been arrested' question because I'm truly curious as to what the point of that question is.

Thanks for answering.

CAcop
09-10-2011, 10:47
I ask it because it often helps ID someone who does not have their ID with them. If they have been arrested they have been fingerprinted and photographed.

Sharky7
09-10-2011, 10:53
I ask it because it often helps ID someone who does not have their ID with them. If they have been arrested they have been fingerprinted and photographed.

This and also like others have said determines if someone is being truthful. If I am working an area high in prostitution and you are driving around in circles with your driver side window down on a cold night and you have 3 previous arrests for solicitation of prostitution, it also gives me a clue on what you are probably doing in my area.

Could be lots of reasons....

Patchman
09-10-2011, 11:13
This and also like others have said determines if someone is being truthful. If I am working an area high in prostitution and you are driving around in circles with your driver side window down on a cold night and you have 3 previous arrests for solicitation of prostitution, it also gives me a clue on what you are probably doing in my area.

Could be lots of reasons....

I'd like to believe the motorist was circling because he was lost or the GPS malfunctioned and was instructing the motorist to keep making right turns. And the window rolled down because the car heater was set on high and the controls was broken and can't adjust the heat down. :whistling:

CitizenOfDreams
09-10-2011, 11:26
But if a cop asks you if you have been arrested before and you say "I'd rather not answer that question." We are all going to assume it means yes.

And if I refuse to let a cop search my trunk, we are all going to assume I have a dead body, an AK-47 and a bag of cocaine there? :dunno:

nikerret
09-10-2011, 11:46
I like to ask to see if I reecognize them from a prior encounter or if I see them at the gym regularly. Often, it's both.

Also, it provides pertinent discussion while we wait on records returns, me to decide what your up to, and what we're going to do next.

Eyescream
09-10-2011, 11:48
And if I refuse to let a cop search my trunk, we are all going to assume I have a dead body, an AK-47 and a bag of cocaine there? :dunno:

Doesn't everybody?

I got a big kit when I bought my car that had all that stuff in it. I had to put the dead hooker together though, and the instructions were in the worst Engrish I'd ever suffered through reading.

Ajon412
09-10-2011, 12:00
You aren't required to answer anything. Watch an episode of "Cops" (the television show). It seems that almost everyone arrested volunteers information, consents to search, and generally acts stupid/disrespectful. Do the opposite and you should be better off.

This....

Additionally, my favorite responses are:
"Who, me?"
"Not recently"
"What do you mean by arrested?"
"Around here?"
"Today?"
"Na"

..........:rofl:

Morris
09-10-2011, 12:43
I'm bored.

I like to ask questions like that.

Never know what the answer will be.

Looks good on the camera.

Take your pick.

blueiron
09-10-2011, 12:50
And if I refuse to let a cop search my trunk, we are all going to assume I have a dead body, an AK-47 and a bag of cocaine there? :dunno:


What good are civil rights if they aren't infringed upon occasionally? You know... if you don't abuse them, you lose them. :winkie:

steveksux
09-10-2011, 12:53
If you've got my D/L are you going to see my entire arrest record?Depends on the state and the level of suspicion. I think a "normal" search in MI won't reveal arrest records, just traffic. If they are suspicious and have your information run through LEIN, it'll show arrests and whatnot.

Different states can set up their computer systems as they see fit, some may get more info, or get it all, some may not.

Randy

MeefZah
09-10-2011, 13:15
I had to put the dead hooker together though, and the instructions were in the worst Engrish I'd ever suffered through reading.

I agree, I gave up and just left her in pieces back there.

steveksux
09-10-2011, 13:56
I agree, I gave up and just left her in pieces back there.There's only a couple of pieces that have to be put together right to make it operational, anyway... :whistling:

Randy

collim1
09-10-2011, 17:22
To judge your reaction to the question. Also to see if you will lie to me if LETS shows prior charges.


Sometimes something just doesn't seem right. I will stall for a minute by asking questions and judging the reactions/validity of the answers while I buy some time to really eyeball the inside of the car.

I make a lot of possession arrests by doing this. If you are legit it is usually obvious and I will either cite or warn and send you on your way.

ray9898
09-10-2011, 21:08
Most of the time when I ask I already know. I am looking for deception, if they are hiding an arrest to appear like a good guy then they may be doing it for a reason.

lawman800
09-11-2011, 00:31
You don't have to answer but if I ask you, I know it already... Our I will be getting the information soon from dispatch.

rookie1
09-12-2011, 01:41
Asked someone the question today. In out nifty little computer software we use for dispatching we can see if someone has a booking photo (has been to jail). The guy today gave a fake name, after running it nothing came back through IL. He said he was arrested in November but there was no booking photo for "Shaun Johnson". Looked up his girlfriends name, which came up with a call for service with another males name in it. Ran the males name and there he was, booking photo with every tattoo he has. Arrested for lying about his name and of course, he had warrants. I don't get why its such a secret if you have or have not.

COLOSHOOTR
09-12-2011, 04:00
Asked someone the question today. In out nifty little computer software we use for dispatching we can see if someone has a booking photo (has been to jail). The guy today gave a fake name, after running it nothing came back through IL. He said he was arrested in November but there was no booking photo for "Shaun Johnson". Looked up his girlfriends name, which came up with a call for service with another males name in it. Ran the males name and there he was, booking photo with every tattoo he has. Arrested for lying about his name and of course, he had warrants. I don't get why its such a secret if you have or have not.

Don't you just love liars.... The last one I had decided to use his brothers name because he had a little traffic warrant. Unknown to him his brother had earned himself an agg. robbery warrant the week before. I also knew little bro from previous arrests and knew that this guy was not him. So I hooked him tossed him in the back and showed him where it said Felony on the warrant screen... He didn't want to be his brother anymore and was screaming out his real name and repeating where he stashed his ID in the car to prove it. I guess he was so freaked out about the felony charge he forgot he stashed his crack with the ID. So he got get his very own felony charge too.

Spiffums
09-12-2011, 05:08
I'd figure you have a right to remain silent before you were arrested just like after your arrested.

oldgraywolf
09-12-2011, 07:16
Don't you just love liars.... The last one I had decided to use his brothers name because he had a little traffic warrant. Unknown to him his brother had earned himself an agg. robbery warrant the week before. I also knew little bro from previous arrests and knew that this guy was not him. So I hooked him tossed him in the back and showed him where it said Felony on the warrant screen... He didn't want to be his brother anymore and was screaming out his real name and repeating where he stashed his ID in the car to prove it. I guess he was so freaked out about the felony charge he forgot he stashed his crack with the ID. So he got get his very own felony charge too.

How do you keep a straight face?

merlynusn
09-12-2011, 07:44
I'd figure you have a right to remain silent before you were arrested just like after your arrested.

Not really. Your Miranda Rights don't attach until you are in custody (arrested) and are being interrogated.

A traffic stop is not a custodial interrogation for Miranda purposes as a reasonable person would believe they will be free to go once they are issued a citation.

If I pull you over on a traffic stop and you refuse to identify yourself, well, you get to go to jail because you are required to identify yourself on a traffic stop.

Panzergrenadier1979
09-12-2011, 08:52
Don't you just love liars.... The last one I had decided to use his brothers name because he had a little traffic warrant. Unknown to him his brother had earned himself an agg. robbery warrant the week before. I also knew little bro from previous arrests and knew that this guy was not him. So I hooked him tossed him in the back and showed him where it said Felony on the warrant screen... He didn't want to be his brother anymore and was screaming out his real name and repeating where he stashed his ID in the car to prove it. I guess he was so freaked out about the felony charge he forgot he stashed his crack with the ID. So he got get his very own felony charge too.

I enjoyed reading this.... :rofl:

lawman800
09-12-2011, 09:16
Colo... That is just awesome... I love it when that happens. People here catch all sorts of grief when they give a fake name and it turns out that the fake identity had warrants. Then they tell the truth and catch a vc31 or pc148 charge for lying/obstructing, which then gives us all the probably cause to search incident to their arrest now without an appointment or hat.

AngryBassets
09-12-2011, 13:07
This....

Additionally, my favorite responses are:
"Who, me?"
"Not recently"
"What do you mean by arrested?"
"Around here?"
"Today?"
"Na"

..........:rofl:

I looked at this and thought "yeah; that's about right".

Must be a Jersey thing.

I also like what qualifies "being arrested" by these turds. In handcuffs? Been to court? Convicted? In the county? State? Did more than a year?

In my experience, all of these are apparently variables which determine if you have "been arrested". :upeyes:

rookie1
09-12-2011, 17:15
I enjoyed reading this.... :rofl:


+1, some people are just stupid. Makes this job fun.

rookie1
09-12-2011, 17:18
This....

Additionally, my favorite responses are:
"Who, me?"
"Not recently"
"What do you mean by arrested?"
"Around here?"
"Today?"
"Na"

..........:rofl:
Im a big fan of "Want me to be honest with you" or "Im not gonna lie to ya". No, No I want you to lie to me. Seriously the things that come out of peoples mouths.

lawman800
09-12-2011, 18:17
How about, "let me be frank with you"...

No no, don't be frank, just be you, whoever you are, unless you are frank, then be frank.

TheGreatGonzo
09-13-2011, 07:14
How about, "let me be frank with you"...

No no, don't be frank, just be you, whoever you are, unless you are frank, then be frank.

Shirley, you jest.

Hack
09-13-2011, 07:42
Shirley, you jest.

Frankly Scarlet ... OK I am tired.

lawman800
09-13-2011, 08:25
Roger, Roger. Give me a vector, Victor. Do you have a clearance, Clarence?

DaBigBR
09-13-2011, 09:39
How about, "let me be frank with you"...

No no, don't be frank, just be you, whoever you are, unless you are frank, then be frank.

"I'm always Frank and Earnest with women. In Chicago, I'm Frank, and in New York, I'm Earnest."

(Sorry, The Long Kiss Goodnight has been in what seems like a continuous loop on Starz since April)

pal2511
09-13-2011, 16:38
i like the ones that say oh man Ive been good for the last few years. Then you find out they have been in prison for a few years :)

pal2511
09-13-2011, 16:39
I think this can be best answered as just dont talk to the Police!

Panzergrenadier1979
09-13-2011, 21:06
+1, some people are just stupid. Makes this job fun.

Yup.... AND it's job security. God bless stupid people. (especially the ones who have warrants and burned out brake light bulbs on their uninsured vehicle with expired tags and dope sitting in the cup holder.)

If it's this much fun, does it count as a JOB?

DaBigBR
09-13-2011, 22:12
If it's this much fun, does it count as a JOB?

Yep. You gotta put up with a lot of BS to have that much fun, so pay is justified.

lawman800
09-13-2011, 22:52
Honestly, I had way more fun as an unpaid reserve. When you get paid to do it and all the politics that come with it, it stops being fun and it becomes work. Fun work, but still work.

ricklee4570
09-14-2011, 02:52
So if you are arrested and it turns out that they arrested the wrong person. You were booked into the jail and when they sorted out the details realized that you should never have been arrested (mistaken identity), no charges are filed, do you still come up on a check that you were arrested?

If so, that just looks bad! How would you answer the officers question? Yes I was arrested but I didnt deserve it?

merlynusn
09-14-2011, 06:38
So if you are arrested and it turns out that they arrested the wrong person. You were booked into the jail and when they sorted out the details realized that you should never have been arrested (mistaken identity), no charges are filed, do you still come up on a check that you were arrested?

If so, that just looks bad! How would you answer the officers question? Yes I was arrested but I didnt deserve it?

It depends on why the identity was mistaken. If you gave a false name and that name had a warrant and you were arrested for it. Then you'd catch a charge of obstruction and also a fictitious information to officer (here in NC, and it's only valid on traffic stops).

If it is because by some miracle, you match the name, dob, height and weight of the guy on the warrant but it isn't you. Then no. The arrest is cancelled and the police have to drive you back to where they arrested you.

lawman800
09-14-2011, 09:07
If you are booked, and entered into the system, it's going to show up as an arrest record. The disposition would show dismissed, not filed, IOJ, our just no dispo. It happens. I've seen enough of them... Mainly from applicants!

In any event, the officer needs to keep ib mind how to use the information. Is it relevant or is it really bad luck for the contact.

ricklee4570
09-14-2011, 09:56
In my case it was that I fit the description of an assailant and I was identified by a witness (the assailants wife of all people). She identified me from across the street. I was arrested and booked, and within the hour they realized I wasnt her husband (when the real husband showed up at the crime scene). The district attorney personally apologized to me and of course no charges were ever filed. I would be really interested if this still shows up, as I dont think it should.

If it does, is there a way to have it removed? I know it probably doesnt matter, but the thought of an officer thinking I have a record bothers me,.

Panzergrenadier1979
09-14-2011, 10:00
Yep. You gotta put up with a lot of BS to have that much fun, so pay is justified.

Very true. That and court; dealing with public defenders, judges, and ADAs sucks the life right out of me.

wrenrj1
09-14-2011, 18:23
So if you are arrested and it turns out that they arrested the wrong person. You were booked into the jail and when they sorted out the details realized that you should never have been arrested (mistaken identity), no charges are filed, do you still come up on a check that you were arrested?

If so, that just looks bad! How would you answer the officers question? Yes I was arrested but I didnt deserve it?

I'm glad I don't look like anybody, well human anyway...:ufo:

DaBigBR
09-14-2011, 21:26
In my case it was that I fit the description of an assailant and I was identified by a witness (the assailants wife of all people). She identified me from across the street. I was arrested and booked, and within the hour they realized I wasnt her husband (when the real husband showed up at the crime scene). The district attorney personally apologized to me and of course no charges were ever filed. I would be really interested if this still shows up, as I dont think it should.

If it does, is there a way to have it removed? I know it probably doesnt matter, but the thought of an officer thinking I have a record bothers me,.

You can generally request a copy of your own criminal history, although there may be a fee. The procedure varies by state. I would start with either your state's attorney general or state police.

Were you fingerprinted? Were the fingerprints taken electronically or with ink. NOTHING goes on a computerized criminal history without prints. If you were printed and the cards were submitted, you can have the record expunged. Although we do not print our own offenders (the jail does it for us) we occasionally get letters from the FBI advising us that a record has been ordered destroyed and requesting that we destroy any record as well.

lawman800
09-14-2011, 21:31
In CA, you go to any police department that has public fingerprint services and ask them to roll you, and you fill out the CA DOJ request for your CHS, or criminal history statement. I think the fee was $25 for the DOJ plus the rolling free for the department.

merlynusn
09-15-2011, 12:39
In my case it was that I fit the description of an assailant and I was identified by a witness (the assailants wife of all people). She identified me from across the street. I was arrested and booked, and within the hour they realized I wasnt her husband (when the real husband showed up at the crime scene). The district attorney personally apologized to me and of course no charges were ever filed. I would be really interested if this still shows up, as I dont think it should.

If it does, is there a way to have it removed? I know it probably doesnt matter, but the thought of an officer thinking I have a record bothers me,.

I would bet you a hundred dollars that the arrest will not show up in those circumstances. But you can always go ask the district attorney's office or the sheriff's office. You should also be able to go to the courthouse and get a copy of your criminal history for a small fee.

ETA: I wouldn't waste an expunction on that. I would have the DA's office order it destroyed since they made a mistake. Like I said earlier... here, they would cancel the arrest and there would be no record of it since it was a mistake that was quickly caught. Typically an expunction is when you are arrested/charged with something and you can get your record cleared if the case is dropped. I wouldn't do it when they made the mistake, etc.