Your 5th amendment right per ACLU

https://www.aclu.org/know-your-right...ped-by-police/


Back in the heyday of the 60's there was an underground newspaper at UT called "The Rag" and they would regularly post articles advising folks what to do when stopped by a cop. Essentially, you were at ask,"Am I under arrest?" and if the cop said no, you were advised to walk away.



Never had the chance to test it, thankfully.

Dont break the law. Simple

If stopped obey LE! Simple

You can be detained by an officer whom- is conducting an investigation without being arrested. The most common example of this is the officer who detains a driver while investigating a traffic offense. Asking the officer "Am I under arrest?" and driving off will lead to additional charges. These YouTube lawyers who spout this stuff should have to pay damages to those who follow the bad advice they give

One, I take you are an attorney since you speak with such authority.
Two, this is not from Y.T. This is from ACLU, someone who knows things.


I am not an attorney and don't claim to be as knowledgeable as you seem to be, but I'll bet even in your hypothetical situation, one does not lose their 5th amendment rights.

The ACLU page is not what caused my comment. Your quote from the Rag; "Back in the heyday of the 60's there was an underground newspaper at UT called "The Rag" and they would regularly post articles advising folks what to do when stopped by a cop. Essentially, you were at ask, "Am I under arrest?" and if the cop said no, you were advised to walk away."

Under Terry v Ohio SCOTUS decision said police may detain an individual if reasonable suspicion exists. This is below the threshold of probable cause needed for an arrest. The writer for the Rag may have penned the article before the 1968 court case, but under today's law, it is bad advice.

It was before 68

You can’t just ask about being under arrest, you must also ask “am I being detained”. If both answers are “no”, you are free to leave. If either is a “yes”, cooperate.