🚀 go-pugleaf

In article <67g123dv9s5q3mva1lvfahsctkgfhjfvio@4ax.com>,
 patrick.20414@gmail.com wrote:

> A husband and wife are involved in a heated argument which leads to
> some minor pushing and shoving. A neighbor who overhears the commotion
> calls the police and the police arrive shortly after.

> The two officers who arrive on scene quickly separate the husband and
> wife and attempts to speak with each one privately. The officer who is
> speaking with the husband asks, "Sir, I'd like to hear your side of
> the story, can you tell me what happened between you and your wife?"

> Here's my question: Can the husband, at this point, invoke his right
> to silence despite the fact he's not been formally arrested? How
> should he respond to the officer if he wishes not to incriminate
> himself?

Yes, the husband can remain silent.  The only thing that would
be required is to produce some identification.  But consider
this...the state I live in, pushing and shoving is considered
to be domestic violence.  The policy is that if there is a domestic
violence incident, one party goes to jail for the night.  This
would likely be a he-said/she-said kind of deal.  Without the
husband saying anything, it is likely that she will accuse him
of starting it, and the police will be forced to pick the husband
as the person who goes to jail.  Further, when the DA goes to
figure out if there are charges to be filed, all they have is
the woman's statement, so I think the male is far more likely to
be investigated and have charges filed.

-john-

-- 
======================================================================
John A. Weeks III           952-432-2708            john@johnweeks.com
Newave Communications                         http://www.johnweeks.com
======================================================================

Sat, 14 Apr 2007 07:55:55 -0400 from  <patrick.20414@gmail.com>:
> I understand that one can invoke their right to silence in the face of
> police arrest or formal interrogation, but I require information about
> one's rights regarding on-scene police questioning before any arrest
> occurs. Assume the below scenario takes place in Canada or the U.S.A.

The rules are different. I'll assume USA.

> Here's my question: Can the husband, at this point, invoke his right
> to silence despite the fact he's not been formally arrested? How
> should he respond to the officer if he wishes not to incriminate
> himself?

"I need to speak with my attorney before answering any questions."

-- 
If you e-mail me from a fake address, your fingers will drop off.

I am not a lawyer; this is not legal advice. When you read anything
legal on the net, always verify it on your own, in light of your
particular circumstances. You may also need to consult a lawyer.

Stan Brown, Oak Road Systems, Tompkins County, New York, USA
                                   http://OakRoadSystems.com

patrick.20414@gmail.com wrote:
> Here's my question: Can the husband, at this point, invoke his right
> to silence despite the fact he's not been formally arrested? How
> should he respond to the officer if he wishes not to incriminate
> himself?

He should answer "name, rank and serial #." I.e. the only thing he has 
to give the cop is his name. If the cop asks any other questions, he can 
simply say nothing (whether he's been arrested or not.) Nothing says he 
has to respond with "I plead the 5th", etc.

patrick.20414@gmail.com wrote:

[questioned by police but not under arrrest]

> How should he respond to the officer if he wishes not to incriminate
> himself?
> 
Tell the police that he is a US citizen who wishes to fully cooperate 
with the police, but at this time he is so upset and shaken by recent 
events that he'd rather not make any statements. Then SHUT UP and stay 
that way.

-paul
ianal

In article <67g123dv9s5q3mva1lvfahsctkgfhjfvio@4ax.com>,
 <patrick.20414@gmail.com> wrote:

>Here's my question: Can the husband, at this point, invoke his right
>to silence despite the fact he's not been formally arrested?

Yes.

> How should he respond to the officer if he wishes not to incriminate
>himself?

"I wish to speak with my attorney."

Seth

On Apr 14, 7:55 am, patrick.20...@gmail.com wrote:

> Can the husband, at this point, invoke his right
> to silence despite the fact he's not been formally arrested? How
> should he respond to the officer if he wishes not to incriminate
> himself?

Of course he can.  He should responnd like this, in a calm voice and
polite tone: "Officer, I will cooperate fully in your investigation,
and I will do whatever you ask, but I will not have a conversation
with you."  Then shut up.  Not one more word.  One should not worry
about making the officer think he is guilty -- the officer assumes
that anyway.  If there is evidence, you will be arrested and you can
call a lawyer.  If not, the police will leave.

patrick.20414@gmail.com wrote:
>
>A husband and wife are involved in a heated argument which leads to
>some minor pushing and shoving. A neighbor who overhears the commotion
>calls the police and the police arrive shortly after.
>
>The two officers who arrive on scene quickly separate the husband and
>wife and attempts to speak with each one privately. The officer who is
>speaking with the husband asks, "Sir, I'd like to hear your side of
>the story, can you tell me what happened between you and your wife?"
>
>-------------------------------------------------------------------------------------------------------------
>Here's my question: Can the husband, at this point, invoke his right
>to silence despite the fact he's not been formally arrested? 

Sure.

>How
>should he respond to the officer if he wishes not to incriminate
>himself?

"I don't want to discuss it."

John A. Weeks III wrote:

> 
> Yes, the husband can remain silent.  The only thing that would
> be required is to produce some identification.  

I think we did this before in this forum. The upshot was (IIRC) that the 
husband must correctly ID himself to the police, but does not have to 
produce ID documents.

-paul