This pertains to US law.

Now, I know that you can be charged with obstruction of justice, interfering with an investigation, and/or making a false statement for lying to the police, but if you simply refuse to answer any questions, I was always told that you were in the clear, legally.

Then I read this: http://www.palmbeachpost.com/localnews/content/local_news/epaper/2008/12/17/1217schoolbus.html


When police tried to interview the students about the fight, including those involved in the fight, students refused to tell them what happened so police charged the students with resisting arrest without violence, according to police.


Resisting arrest, for refusing to speak to the police? Give me a break. The way I see it, those who were suspected of being involved in the fight have a 5th amendment right against self-incrimination, and the police probably did not have enough evidence to arrest them for fighting, anyway, or else they wouldn't have been asking questions. Those who were not suspects were not subject to arrest to begin with, so how could they resist? I don't think that these charges will hold up, and in fact, the students (or their families) have great potential lawsuits for wrongful arrest. Am I way off base, or what?

Don't get me wrong; these kids sound like ghetto-ass thugs and punks, and probably need a good beatdown. Boynton Beach is a shitty place. However, the law is the law, and I am all about law enforcement getting checked when they overstep their bounds.

I don't see how they were resisting arrest at all.

They were already arrested, weren't they?

All they did was refuse to answer questions.

That's bullshit. The cops were obviously using the arrests as a scare tactic to get the children to speak up. It back fired so they didn't want to look like idiots. They thought of some stupid excuse to waste tax payer money and time just to make their efforts seem worth it.

I would sue them and/or file complaints with the police department. That's ridiculous. They will probably claim that minors don't have constitutional rights until they turn of age but that's obviously wrong too.

You don't have to speak to the police. If you are being questioned they must give you a legal reason to proceed. If they are not detaining you for a specific crime then you are free to leave. You never have to speak to an officer. If you're being arrested then they already have enough probably cause to do so, if you're not then speaking to them will only give them a better chance to find acting as a criminal.

Those kids were in the right and the arresting officers are the guilty ones for imposing on the rights given by Article 5 of the Constitution. If I was those kids I would be asking to see the officers Oath of Office!

Never talk to the Police wither you are guilty or innocent! Anything you say can and will be used against you in a court of law. Contrary to belief talking to the police can not help you. What ever you say to the police can not be used for you in court. If you don't believe me watch this

"Don't Talk to the Police" by Professor James Duane
http://video.google.com/videoplay?docid=-4097602514885833865

I second Fat Kitty and Yobe.

Very simple, never talk to the police and demand an attorney. That will completely change the type of questions asked in the first place.

I am from Australia so feel free to stop me if im wrong.

I thought you could only "Plead the 5th" in court?

And also I believe you have to tell the cops name address and all that other jazz but you can refuse to answer there questions only once they have arrested you? (Hence the whole you now have the right to remain silent?)

So after the fight when the kids where being questioned they should have answered am I under arrest?

Also resisting arrest ith out violence can be layed against some one for something as simple as

Officer: Please stand up and make your way to the vehicle so we can take you for questioning.
Kid: Nope Im Not moving
Officer: This is the second and final time I ask
Kid go get screwed im staying here I didnt do anyting wrong

Then thats it resisting arrest with out violence ad when it is a group of kids this is more likely to happen as they feel emboldened by each other and noone wants to be the one to go first

Chasm:

I don't know about outright ignoring a cop like that, but here in the USA, if you're under arrest, you have the right to remain silent, which means not answering questions if you don't want to. Stuff like "go get screwed im staying here I didnt do anyting wrong" will just get you trouble.

Fuck the police! We have the right to remain silent. Anything that WE say CAN be USED in the court of law. Those kids didn't want anything against them. Fuckin cops. That's why niggas kill em.

Sometimes cops make it very difficult to not talk to them. Cop told me he was not going to read me my Miranda Rights; but they still used his police report in court and as the instrument the charges were filed from. He jumped in the car on me, grabbed my purse and screamed at me and told me to get out of the car...he was a jerk, and I was like..."what the hell is he doing...backoff" to no avail. So actually I think you do have the right to remain silent, all you have to do is give them your identification.

Sometimes cops make it very difficult to not talk to them. Cop told me he was not going to read me my Miranda Rights; but they still used his police report in court and as the instrument the charges were filed from. He jumped in the car on me, grabbed my purse and screamed at me and told me to get out of the car...he was a jerk, and I was like..."what the hell is he doing...backoff" to no avail. So actually I think you do have the right to remain silent, all you have to do is give them your identification.

There's only a few situations where you need to give your real identification. If you're just walking on the street you can legally just keep walking if a Police Officer approaches you and starts to hassle you. They sometimes throw out bullshit lies like The PATRIOT ACT says you have to but the Patriot Act expired in 2006. It was revised with less strict laws. They even say things like "Statutes say you must give us your name". Ask them to show it to you.

Police make me mad and I'm kind of drowsy so I rambled a bit... Sorry.

Cop told me he was not going to read me my Miranda Rights; but they still used his police report in court and as the instrument the charges were filed from.

Miranda rights pertain to police questioning. If the cop didn't question you, he didn't have to read you your rights. As long as the report didn't include anything you said, it's legal.