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Tv show, 48hours question #4146809
06/12/24 06:38 PM
06/12/24 06:38 PM
Joined: Nov 2013
Posts: 3,009
Prattville Al.
C
capehorn24 Offline OP
10 point
capehorn24  Offline OP
10 point
C
Joined: Nov 2013
Posts: 3,009
Prattville Al.
So, they(cops) got a dude for questioning, no lawyer present and they ask dude for a gunshot residue test, dude allows. My question is was it legal to ask and as long as dude consenting is it allowed?

Re: Tv show, 48hours question [Re: capehorn24] #4146816
06/12/24 06:50 PM
06/12/24 06:50 PM
Joined: Aug 2012
Posts: 1,908
NW AL
H
Hayzeus Offline
8 point
Hayzeus  Offline
8 point
H
Joined: Aug 2012
Posts: 1,908
NW AL
Completely legal.
However, he is a fool for allowing it. Remember, the police can lie to you, but it’s illegal for you to lie to the police.

Re: Tv show, 48hours question [Re: capehorn24] #4146823
06/12/24 07:03 PM
06/12/24 07:03 PM
Joined: Nov 2008
Posts: 10,678
Alabama
W
whack-n-stack Offline
Booner
whack-n-stack  Offline
Booner
W
Joined: Nov 2008
Posts: 10,678
Alabama
If he’s been read his Miranda rights, he’s fair game.

Re: Tv show, 48hours question [Re: capehorn24] #4146828
06/12/24 07:15 PM
06/12/24 07:15 PM
Joined: Mar 2009
Posts: 7,985
lower shelby county
XVIII Offline
14 point
XVIII  Offline
14 point
Joined: Mar 2009
Posts: 7,985
lower shelby county

don’t say nuttin


A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.
Re: Tv show, 48hours question [Re: capehorn24] #4146831
06/12/24 07:20 PM
06/12/24 07:20 PM
Joined: Jan 2001
Posts: 27,448
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 27,448
Fayetteville TN Via Selma
Originally Posted by capehorn24
So, they(cops) got a dude for questioning, no lawyer present and they ask dude for a gunshot residue test, dude allows. My question is was it legal to ask and as long as dude consenting is it allowed?

Always legal to ask as long as he doesn't say the magic word, "lawyer". All questioning has to stop if he does and can only be restarted at his request and under no duress.


Lord, please help us get our nation straightened out.
Re: Tv show, 48hours question [Re: jawbone] #4146851
06/12/24 07:51 PM
06/12/24 07:51 PM
Joined: Nov 2013
Posts: 3,009
Prattville Al.
C
capehorn24 Offline OP
10 point
capehorn24  Offline OP
10 point
C
Joined: Nov 2013
Posts: 3,009
Prattville Al.
Originally Posted by jawbone
Originally Posted by capehorn24
So, they(cops) got a dude for questioning, no lawyer present and they ask dude for a gunshot residue test, dude allows. My question is was it legal to ask and as long as dude consenting is it allowed?

Always legal to ask as long as he doesn't say the magic word, "lawyer". All questioning has to stop if he does and can only be restarted at his request and under no duress.


Was in a hurry when posting, can dude say no without a lawyer or requesting a lawyer. Kinda like all those police/citizen interactions videos requesting ID and citizen says he ain’t done nuthing wrong to present an ID

Re: Tv show, 48hours question [Re: capehorn24] #4146858
06/12/24 08:01 PM
06/12/24 08:01 PM
Joined: Jan 2001
Posts: 27,448
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 27,448
Fayetteville TN Via Selma
Originally Posted by capehorn24
Originally Posted by jawbone
Originally Posted by capehorn24
So, they(cops) got a dude for questioning, no lawyer present and they ask dude for a gunshot residue test, dude allows. My question is was it legal to ask and as long as dude consenting is it allowed?

Always legal to ask as long as he doesn't say the magic word, "lawyer". All questioning has to stop if he does and can only be restarted at his request and under no duress.


Was in a hurry when posting, can dude say no without a lawyer or requesting a lawyer. Kinda like all those police/citizen interactions videos requesting ID and citizen says he ain’t done nuthing wrong to present an ID

Sure he can say no to a request without a lawyer present. Sometimes the ID thing can be different. In some instances where Reasonable Suspicion exists you may be required to present ID. Of course you can always say no and get a ride downtown until you present ID. Generally speaking though, you don't have to present an ID unless it falls into special circumstances. For a gunshot residue test, or DNA sample, any of that, if you say no then they will need a Search Warrant.


Lord, please help us get our nation straightened out.
Re: Tv show, 48hours question [Re: Hayzeus] #4146867
06/12/24 08:37 PM
06/12/24 08:37 PM
Joined: Dec 2004
Posts: 19,334
.
ford150man Offline
Old Mossy Horns
ford150man  Offline
Old Mossy Horns
Joined: Dec 2004
Posts: 19,334
.
Originally Posted by Hayzeus
Remember, the police can lie to you, but it’s illegal for you to lie to the police.



Which, while correct, is absolutely BS.


If voting made any difference, they wouldn’t let us do it.-Mark Twain
Re: Tv show, 48hours question [Re: jawbone] #4146871
06/12/24 08:50 PM
06/12/24 08:50 PM
Joined: Mar 2013
Posts: 15,134
Tuscaloosa Co.
N
N2TRKYS Offline
Old Mossy Horns
N2TRKYS  Offline
Old Mossy Horns
N
Joined: Mar 2013
Posts: 15,134
Tuscaloosa Co.
Originally Posted by jawbone
Originally Posted by capehorn24
Originally Posted by jawbone
Originally Posted by capehorn24
So, they(cops) got a dude for questioning, no lawyer present and they ask dude for a gunshot residue test, dude allows. My question is was it legal to ask and as long as dude consenting is it allowed?

Always legal to ask as long as he doesn't say the magic word, "lawyer". All questioning has to stop if he does and can only be restarted at his request and under no duress.


Was in a hurry when posting, can dude say no without a lawyer or requesting a lawyer. Kinda like all those police/citizen interactions videos requesting ID and citizen says he ain’t done nuthing wrong to present an ID

Sure he can say no to a request without a lawyer present. Sometimes the ID thing can be different. In some instances where Reasonable Suspicion exists you may be required to present ID. Of course you can always say no and get a ride downtown until you present ID. Generally speaking though, you don't have to present an ID unless it falls into special circumstances. For a gunshot residue test, or DNA sample, any of that, if you say no then they will need a Search Warrant.


What State is “reasonable suspicion” considered a crime?


83% of all statistics are made up.

Re: Tv show, 48hours question [Re: N2TRKYS] #4146905
06/12/24 10:38 PM
06/12/24 10:38 PM
Joined: Apr 2018
Posts: 1,863
North of 459 South of 20
bhammedic84 Offline
8 point
bhammedic84  Offline
8 point
Joined: Apr 2018
Posts: 1,863
North of 459 South of 20
Was in a hurry when posting, can dude say no without a lawyer or requesting a lawyer. Kinda like all those police/citizen interactions videos requesting ID and citizen says he ain’t done nuthing wrong to present an ID
[/quote]
Sure he can say no to a request without a lawyer present. Sometimes the ID thing can be different. In some instances where Reasonable Suspicion exists you may be required to present ID. Of course you can always say no and get a ride downtown until you present ID. Generally speaking though, you don't have to present an ID unless it falls into special circumstances. For a gunshot residue test, or DNA sample, any of that, if you say no then they will need a Search Warrant. [/quote]

What State is “reasonable suspicion” considered a crime?
[/quote]
its not. if the officer has RAS - reasonable articulable suspicion that a crime has been committed, is being committed, or about to be committed then the officer can ask for ID. this is a lot more detailed than just some dude telling the popo that a bm robbed them or something like that. then the popo go out and stop and id every bm walking on the street

https://www.hesterlawgroup.com/blog/2023/october/what-is-reasonable-suspicion-/


Turkey’s tell you when they want to die not lawmakers.
Re: Tv show, 48hours question [Re: bhammedic84] #4146906
06/12/24 10:48 PM
06/12/24 10:48 PM
Joined: Jan 2001
Posts: 27,448
Fayetteville TN Via Selma
jawbone Offline
Freak of Nature
jawbone  Offline
Freak of Nature
Joined: Jan 2001
Posts: 27,448
Fayetteville TN Via Selma
Originally Posted by bhammedic84
Was in a hurry when posting, can dude say no without a lawyer or requesting a lawyer. Kinda like all those police/citizen interactions videos requesting ID and citizen says he ain’t done nuthing wrong to present an ID

Sure he can say no to a request without a lawyer present. Sometimes the ID thing can be different. In some instances where Reasonable Suspicion exists you may be required to present ID. Of course you can always say no and get a ride downtown until you present ID. Generally speaking though, you don't have to present an ID unless it falls into special circumstances. For a gunshot residue test, or DNA sample, any of that, if you say no then they will need a Search Warrant. [/quote]

What State is “reasonable suspicion” considered a crime?
[/quote]
its not. if the officer has RAS - reasonable articulable suspicion that a crime has been committed, is being committed, or about to be committed then the officer can ask for ID. this is a lot more detailed than just some dude telling the popo that a bm robbed them or something like that. then the popo go out and stop and id every bm walking on the street

https://www.hesterlawgroup.com/blog/2023/october/what-is-reasonable-suspicion-/[/quote]
Thanks Bhammedic. I answered but it wouldn't let me post because the thread was too deep. Reasonable suspicion, and Bham explained it, gives an officer the right to stop and frisk. That includes asking for ID. Don't like it talk to the Supreme Court.

Another thing I saw where LE is allowed to lie to citizens. Again Supreme Court says it is OK, but that is only done in investigative purposes, and not done wholesale or Willy Nilly.


Lord, please help us get our nation straightened out.
Re: Tv show, 48hours question [Re: ford150man] #4146925
06/13/24 06:13 AM
06/13/24 06:13 AM
Joined: Feb 2007
Posts: 22,236
colbert county
cartervj Offline
Freak of Nature
cartervj  Offline
Freak of Nature
Joined: Feb 2007
Posts: 22,236
colbert county
Originally Posted by ford150man
Originally Posted by Hayzeus
Remember, the police can lie to you, but it’s illegal for you to lie to the police.



Which, while correct, is absolutely BS.



What will they do to you if you lie?



“Socialism only works in two places: Heaven where they don't need it and hell where they already have it.” ― Ronald Reagan
Re: Tv show, 48hours question [Re: cartervj] #4146936
06/13/24 07:02 AM
06/13/24 07:02 AM
Joined: Feb 2008
Posts: 3,266
N. Alabama
Reyn Offline
10 point
Reyn  Offline
10 point
Joined: Feb 2008
Posts: 3,266
N. Alabama
Originally Posted by cartervj
Originally Posted by ford150man
Originally Posted by Hayzeus
Remember, the police can lie to you, but it’s illegal for you to lie to the police.



Which, while correct, is absolutely BS.



What will they do to you if you lie?



On state level ? Nothing. LEOs are lied to almost everyday. That’s why there is always two sides to the calls they go to.

Re: Tv show, 48hours question [Re: capehorn24] #4146957
06/13/24 08:07 AM
06/13/24 08:07 AM
Joined: Jul 2012
Posts: 5,664
Marion, Fayette, Lamar, piddli...
Lonster Offline
12 point
Lonster  Offline
12 point
Joined: Jul 2012
Posts: 5,664
Marion, Fayette, Lamar, piddli...
Thou shall not lie is one of the Ten Commandments. It is NOT a crime to lie to a police officer.

It is a crime to file a false police report OR to cause a report to be filed when it is based on a lie.

It is illegal to lie under oath (perjury).

It is illegal to lie to a Federal Agent when being investigated.

To the OP’s original question, I don’t know how the individual ended up at the police station but YES it is legal for them to ask and YES it is allowed, however, there could be issues come up later.


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