5611 Shares

When accused of a crime are you required to give a police statement if the you are asked to by an officer?

When accused of a crime are you required to give a police statement if the you are asked to by an officer? Topic: your statement
June 16, 2019 / By Terrence
Question: im not under arrest but if i dont give a statement is there any chance the police will show up at my house?
Best Answer

Best Answers: When accused of a crime are you required to give a police statement if the you are asked to by an officer?

Piper Piper | 9 days ago
You never have to say anything - you don't even have to give them your name (though your unwillingness in taht area could idefinitely prolong your booking processing). You have teh right to remain silent (spund familiar). Since anything you say can be used against you, you can't be forced to say anything. In the context of a grand jury, if you don't waive your immunity, anything you say cannot be used against you. While the right against self-incrimination is in the constitution, the Miranda rule oft-cited as enforcing that right is not itself constitutional - this means that the law is elastic. It appliess in teh following circumstance: "Custody" - you are objectively in a situation in which you feel that you are nto allowed to leave. The cop doesn't have to say - "you're under arrest" when the circumstances make this obvious. If you think you're there to answer questions needed to nail some other guy, the rule does not cover you, and you don't need Miranda warnings. "interrogation" - your statements are given in response to questions posed by the law enforcement officer calculated to get inforomation about the crime (inculpatory info) - otehrwise, it's outside the rule and can be used even if you weren't warned.
👍 226 | 👎 9
Did you like the answer? When accused of a crime are you required to give a police statement if the you are asked to by an officer? Share with your friends

We found more questions related to the topic: your statement


Piper Originally Answered: When accused of a crime are you required to give a police statement if the you are asked to by an officer?
You never have to say anything - you don't even have to give them your name (though your unwillingness in taht area could idefinitely prolong your booking processing). You have teh right to remain silent (spund familiar). Since anything you say can be used against you, you can't be forced to say anything. In the context of a grand jury, if you don't waive your immunity, anything you say cannot be used against you. While the right against self-incrimination is in the constitution, the Miranda rule oft-cited as enforcing that right is not itself constitutional - this means that the law is elastic. It appliess in teh following circumstance: "Custody" - you are objectively in a situation in which you feel that you are nto allowed to leave. The cop doesn't have to say - "you're under arrest" when the circumstances make this obvious. If you think you're there to answer questions needed to nail some other guy, the rule does not cover you, and you don't need Miranda warnings. "interrogation" - your statements are given in response to questions posed by the law enforcement officer calculated to get inforomation about the crime (inculpatory info) - otehrwise, it's outside the rule and can be used even if you weren't warned.

Mahlah Mahlah
The officer needs to read you your Miranda rights before any questions are admissible in the case. If you voluntarily give information without being read your rights, that is admissible. Plus, you don't have to answer anything at all. With or without a lawyer present. Hence the Miranda rights: "You have the right to REMAIN silent. If you give up that right, anything you say can and will be held against you in a court of law....." PWN is correct. I should have mentioned that Miranda applies only to custody situations.
👍 90 | 👎 8

Jehu Jehu
No. You have the right against self incrimination (read the 5th amendment to the Constitution) You may give a statement if you want. Also, the Miranda myth will be busted here! Miranda warnings are only required in a custodial situation. If you are not in custody and free to leave, Miranda warnings DO NOT APPLY. They only apply in situations where you are under arrest or otherwise not free to leave (exceptions are brief detentions during traffic stops- even though you are not free to leave, Miranda doesn’t apply there either)
👍 82 | 👎 7

Geffrey Geffrey
NO-NEVER GIVE A STATEMENT WITHOUT A LAWYER Remember NO POLY NO STATEMENT NO WAIVER If you want to screw with the cops (like when you know for sure your lawyer is going to be there within 15 minutes) tell them you waive your rights but refuse to answer any questions-lol-drives them nuts. Do not drink anything offered-they won't let you go to the bathroom, do not engage in any small talk, do not let them tell you you are not a suspect they are only asking questions and your non participation can be used against you or you can be charged for hindering a police investigation. Merely tell them you need to be clear on your facts and for that you must wait for your attorney. ***cops are legally allowed to lie to get to the trueth
👍 74 | 👎 6

Dicky Dicky
Absolutely not. Search for case law such as Miranda advisement or Escibido on most search engines and you will find all the information you need. The right against self incrimination is also protected by the United states Constitution.
👍 66 | 👎 5

Blain Blain
no longer indignant in any respect. purely time i grow to be requested to take it grow to be when I utilized for the pastime. what's so offensive about them desiring you to pee in a cup? Oh I by no potential took drugs. SO teach IT. wager what others might want to assert I by no potential had a heritage of drug abuse earlier BEING stuck. How can they be particular you've been by no potential stuck? it is like sex offenders. human beings say properly my neighbor isn't on the record so they are secure. particular they have little females over continuously, yet they don't seem to be on the record so they are ok. until eventually you're stuck they do no longer recognize what your heritage is. you won't be able to have a heritage established except examined and stuck. Oh and also you're arrested and booked and they ought to teach you probably did IT. maximum get bail. no matter if it really is homicide then they carry you once you're considered to have performed it, because they prefer to for the strong of society in case you probably did it.
👍 58 | 👎 4

Acey Acey
When you are being questioned by the police they start with the words "you have the right to remain silent"
👍 50 | 👎 3

Sophy Sophy
They tell you the answer to this when you get arrested. "you have the right to remain silent. Everything you say can and will be held against you. If you cannot afford a lawyer one will be appointed to you . . blah blah blah"
👍 42 | 👎 2

Sophy Originally Answered: How to be a cop/police officer?
The only dumb people are those who don't ask questions. You could apply to get a police job prior to becoming 21, but you'd really have to impress the evaluators during the hiring process. The academy's purpose is to give you all of the basic knowledge about procedures and the laws that the police typically enforce. They also have physical training for self defense and weapons use. Your writing skills look pretty good. So you must have paid attention in the school you did attend. Unfortunately, having only a GED will put you on a lower rung on the ladder for getting hired. While all agencies know that there are people with GED's that will make good candidates, they also see them as people who may not conform to the rules in the way that people with a normal diploma will. Not fair but that's the way it is. You can combat this by enrolling in college and taking a few courses. One of the best is a technical writing class. This would show that you are continuing your education, quite desirable, and should be fairly easy since you write well already. The police academy doesn't teach you everything. College courses can supplement what you would get there but it would be important to not duplicate what the academy teaches.

If you have your own answer to the question your statement, then you can write your own version, using the form below for an extended answer.