If I'm under 18 who can make me answer questions?
No one can!
Police officers CAN'T order teenagers to answer questions.
School teachers and principals CAN'T order a student to answer questions.
Parent's DON'T have the legal right to order their child to answer questions.
In America children under the age of 18 have some of the same "basic" rights as adults. They are protected by the Constitution of the United States.
Teenagers should never let anyone "pressure" them into answering any question that they don't want to answer. Simply say you will not answer any questions until your parent is with you or you have a lawyer. Police officers are trained to intimidate and lie to you and make you talk. If you're innocent or guilty the best thing to do is not talk to the police or principal.
Your Rights At School
Teenagers don’t shed their constitutional rights to freedom of speech or expression at the schoolhouse gate.
Public school students have the First Amendment right to politically organize at school by passing out leaflets, holding meetings, publishing independent newspapers, putting up posters, etc., just so long as those activities do not disrupt classes or promote drug use. Students can be suspended or expelled from school only if they violate the law or disrupt school activities.
Students can have their backpacks and lockers searched by school officials at school if they have "reasonable suspicion" that you are involved in criminal activity, carrying drugs, weapons, etc. Reasonable suspicion means they have to have specific reasons to justify their search. Do not consent to the police or school officials searching your property just say no, but do not physically resist or you may face criminal charges.
Students can now be stopped and questioned by school officials at school even without reasonable suspicion, but not for reasons that are harassing or discriminatory. In other words, if you are not in class you can be stopped and questioned as to where you are going and why, but they should not stop and question you for engaging in legally protected political activity or because of your ethnicity or religion.
Your Rights As a Teenager
Under the law, children in the United States are fully formed human beings with the same basic constitutional rights that adults enjoy. Like every other citizen, children have the right to due process under the law and the right to counsel. Children are generally afforded the basic rights embodied by the Constitution.
Courts have ruled that teenagers do have distinct rights under the U.S. Constitution. Now for the bad news the government nor the police can't protect you from harm from your parents. It's the same way with bad guys getting you, there's no law that says the police and government have to protect you. You have a right to protect yourself anyway necessary because the police and government won't.
What makes police officers and the government powerless? When American's know their rights!
Police don't like to hear these words:
"I Don't Answer Questions"
"Am I Free to Go?"
"I Don't Consent to a Search"
My Rights At Traffic Stops And Rights With The Police
1. Your Safety - When being pulled over by the police pull over to a safe place, turn off your ignition, stay in your vehicle and keep your hands on the steering wheel. Try to stay calm and in control. At night turn on the interior light. Keep your license, registration and proof of insurance close by maybe in your "sun visor." If you're told to get out of your vehicle take your keys, license and insurance with you. Close and lock your car door when you get out.
2. Don't Answer Any Questions - Don't ever speak to the police! The Supreme Court says you should never talk to the police before or after you’ve been arrested. "To remain silent you must tell the police one time, that you're going to remain silent."
The officer will usually ask questions like, 'Do you know why I pulled you over?' or 'How fast do you think you were going?" Stay calm and be respectful, but don't answer any question. Anything you say can and will be used against you at anytime by the police or the government. Bite your tongue! If you can keep your mouth shut, you just might come out ahead more than you expected!
3. Am I Free To Go? - As soon as the police officer ask you a question ask him, "AM I FREE TO GO?" You have to ask if you're FREE TO GO," otherwise the courts have ruled that you're voluntarily staying to talk to the police. If the officer says you're being detained or arrested tell the police officer "I'm going to remain silent or say I don't answer questions."
During a traffic stop a good time to ask "AM I FREE TO GO?" is after the police officer has given you a "warning or a ticket" and you have signed it. Once you have signed the ticket the traffic stop is legally over says the U.S. Supreme Court. There's no law that requires you to stay and talk to the police officer or answer any questions. After you have signed the ticket and have your license you may roll up your window and leave. If you're outside the car ask the police officer, "AM I FREE TO GO?" If he says yes then get in your car and leave.
4. Just Say NO To Searches! - If a police officer didn't need your permission to search, he wouldn't be asking you. Never give permission for a police officer to search you, your car or your home. Police are allowed to pat you down for weapons if you're being detained. Police are not allowed to go inside your pockets and pull out your property. There's NO law that requires you to remove anything from your pockets or take off your shoes and socks off.
When Can a Police Officer Ask For Your Name or I.D.?
Currently there's 24 states that has stop-and-identify laws.
Stop and Identify States (colored Red)
The following states you must identify yourself: Alabama, Arkansas, Arizona, Colorado, Delaware, Florida, Georgia, Indiana, Illinois, Kansas, Louisiana, Missouri (Kansas City Only), Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Dakota, Ohio, Rhode Island, Utah, Vermont and Wisconsin.
Arizona's law, only requires a person’s “true full name” to be given.
Nevada’s law, requires only that the person say his or her name.
Wisconsin's law, allows law enforcement officers to demand ID. There is no statutory requirement to provide the police an ID nor is there a penalty for refusing to, hence Wisconsin is not a must ID state (Henes v. Morrissey).
Texas's law, requires you to identify yourself only after you have been arrested for a crime and you're at the police station. (A detained person or witness to a crime is not required to provide their name or show ID.)
Anything You Say Can And Will Be Used Against You!
You have every right NOT to talk to a police officer and you should NOT talk to a cop unless you have first consulted with a lawyer and that lawyer has advised you differently. You can't be arrested for not talking. Police officers depend on fear and intimidation to get what they want and this includes forcing you to give up your rights. The government made a law that allows police officers to lie to the American citizens. This is another reason not to trust the police.
Never voluntarily talk to the police, there's no such thing as a "friendly chat." Let the police do all the talking and you remain silent. The Supreme Court has ruled that you should NOT talk to a police officer even if you have NOT been arrested. You must say out loud these magic words, "I'm going to remain silent or say I don't answer questions." It can be very dangerous to talk to a police officer or a Federal Agent. Innocent people have talked to the police, ended up in jail and prison because they spoke to a police officer without an attorney.
The Supreme Court has ruled as long as the police officer doesn't force you to do something, then you're doing it "voluntarily." This means if the police officer starts being a bully, intimidating you and you do what the police officer "ask" you to do because you're "afraid," the court have ruled you have done it voluntarily.
Be as nice as possible to the police officer, but stand your ground on your rights! Where do some of your rights come from? You should memorize your Fourth and Fifth Amendments.
Passengers traveling in your vehicle need to know they have rights as well. In many states the law doesn't require you to identify yourself if you're a passenger. Passengers have the same rights, NOT to talk to the police. Police sometimes will separate the passengers and ask questions to see if their stories match. All passengers should always give the same answer, "I Don't Answer Questions" and ask "Am I Free to Go?"
Police Can Search Your Car Without a Warrant If One of These 3 Things Happen
1) If you give permission for the police to search.
2) An officer can search your car if he see's something illegal "in plain view." If the officer walks up and can plainly see an open container of alcohol, bag of weed or the cop smells weed coming from inside the car.
3) Your car can be searched if an officer has probable cause to suspect a crime. For example, it's not illegal to have blood on your front seats, to have a black eye, or to have a ripped-up purse in the car. But all those things in conjunction could be suspicious to an officer.
Never Open Your Door At Home When The Police Knock!
If the police knock on your door at home, there's no law that requires you to open your door to the police.* "Don't worry if the police have a search warrant and want in, they'll kick you door down." Don't open your door, ignore them, say anything and they'll go away.
* In some emergency situations (for example when someone is screaming for help from inside your home, police are chasing someone into your house, police see a felony being committed or if someone has called 911 from inside your house.)
If ANY occupants inside your house gives the police permission to enter and search your home, then the police now have the right to enter your home. The Supreme Court has ruled that anyone in your residence can give permission for the police to search your home. This means for instance your children, spouse, a visiting neighbor, friend or anyone that is inside your home can give the police permission to enter and search even if you say no.
Police Officers Will LIE To Get You To Talk
The following are lie's cops use when they're trying to get you to talk: "You will have to stay here and answer my questions," "you're not leaving until I find out what I want to know." "I have evidence against you, so tell me what you know or else." (Cops can fabricate fake evidence to convince you to tell them what they want to know.) "If you don't answer my questions you'll be charged with resisting arrest, obstruction or hindering an investigation."
The Supreme Court has ruled that police officers can lie to the American people. Police officers are trained at lying, twisting words and being manipulative. Police officers and other law enforcement agents are very skilled at getting information from people. So don't try to "out smart" the cop because you will lose! If you can keep your mouth shut, you just might come out ahead more than you expected.
If You're Arrested
"I WILL NOT TALK UNTIL I HAVE A LAWYER!"
* Don't answer any questions the police ask you, (except for your name, address and age once you're at the "jail.") Any other questions the police officer ask you, just say I want a lawyer.
* Never talk to other jail inmates about your case.
* Within a reasonable amount of time after you have been arrested and booked, the cops should allow you to make a phone call to a lawyer, bail bondsman, relative or any other person you choose. The cops can not listen to your phone call if you're talking to your lawyer.
* The longest you can be held in jail, with out seeing a judge is 72 hours. If you get arrested on a Friday during a 3 day weekend, you won't see the judge until Tuesday morning. Generally you will get out of jail within 4 to 24 hours if you can make bail.
* If you're on probation or parole, only tell your P.O. that you've been arrested and don't say anything else.
The information on this web page and website does not constitute legal advice. The purpose of this information is to provide general information to the public, to raise awareness and a as public service. Do NOT read anything here and make a decision affecting your legal rights. Conduct your own research of your state and federal laws." Also read the The United States Constitution and the Bill of Rights.
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