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Old 08-27-2014, 16:33   #2
atticus finch
Guerrilla
 
Join Date: Nov 2013
Location: Texas
Posts: 107
You're already on the deck cuffed, you are detained, maybe not under arrest but you are damn sure detained which means you have the right to remain silent. That is what you do, answer no questions whatsoever.
I wouldn't bother with the "am I being detained.." or anything of the sort at that point, you already are & under those circumstances doing that is likely just going to get them more amped than they already are. Piss them off & under those circumstances you're likely going to take the ride downtown. You aren't going to beat the ride downtown so why say a word to them?
You don't have to be rude ie: stupid, you simply do not have to tell them a thing, your name, home address, nothing, & that is what I'd do.
They come pouring through the door, point a gun at me & then put me on the deck in cuffs? Ask for my ID or what I'm doing there? I don't have a word to say to them or answer any questions of any sort until I have representation present.
You'll note soon as the kid told them he's streaming the video the cop comes over & cuts the camera off. Should have kept his yap shut.

Add edit: This is a swat team, this isn't the "normal" circumstances you'd have in a police encounter. Under a "normal" police encounter, traffic stop or if an officer otherwise wants to start asking questions, then yes I would specifically and politely ask if I am being detained or free to go and make it clear I do not consent to any conversations with the officer.
And I would continue to politely ask that question until I got a definite yes or no answer and respond to no other questions until I got a definite yes or no answer to that question.
If it means a ride downtown because he doesn't like being told no, fine I take the ride.

Last edited by atticus finch; 08-27-2014 at 16:41.
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