> People make jokes about the Libertarian practice of repeating "Am I being detained? Am I free to go?" when questioned by a police officer but it would have done this man a lot of good.
People should very much remember their rights and the distinction between being detained and "voluntarily" cooperating.
The reason why libertarians get made fun of is because they just keep shouting the same thing over and over, even after an answer in the affirmative has been given ("Am I being detained?" "Yes" "Am I being detained?"). They sound like a toddler who thinks they have a get out of jail/trouble free card if they just keep shouting the same phase over and over.
But, sure, teach people their rights and their right to remain silent (and to have a lawyer). But also remind them that shouting some phase over and over again doesn't provide them legal cover or help situations de-escalate. And, yes, they will be made fun of for acting like an idiot.
How is one to know for certain if they are being detained if one does not ask?
The questions are repeated when a noncommittal response is given or when the answer is incongruous with the behavior of the officer(s). For example "I just want to ask you some questions." or "No, you're not being detained. Can you come over here and let me ask you some questions?"
It's done, not because of some belief that it will allow the guilty to go free but because they want to expose the coercive nature of certain police interactions.
Am I being detained? Am I free to go? Am I under arrest?
Police officers only have to give the Miranda warning when someone has been arrested. Any statements made before an arrest are assumed to be voluntary. If an officer has probable cause, they're going to arrest you. Making it clear that you have no interest in cooperating is in your best interest.
There is one phrase that can be stated that does give some legal cover, depending on circumstance. "I do not consent to any searches" will require an officer to prove that he had reasonable suspicion or probable cause to conduct a search as he or she will not be able to claim that the search was with the consent of the suspect.
> "The reason why libertarians get made fun of is because they just keep shouting the same thing over and over, even after an answer in the affirmative has been given ("Am I being detained?" "Yes" "Am I being detained?"). They sound like a toddler who thinks they have a get out of jail/trouble free card if they just keep shouting the same phase over and over."
From what I've seen, that is more a sovereign citizen thing.
People make fun of libertarians for things that sovereigns and anarchists say, because hey, why not? Politics is dirty; if the shit sticks, throw it.
People should very much remember their rights and the distinction between being detained and "voluntarily" cooperating.
The reason why libertarians get made fun of is because they just keep shouting the same thing over and over, even after an answer in the affirmative has been given ("Am I being detained?" "Yes" "Am I being detained?"). They sound like a toddler who thinks they have a get out of jail/trouble free card if they just keep shouting the same phase over and over.
But, sure, teach people their rights and their right to remain silent (and to have a lawyer). But also remind them that shouting some phase over and over again doesn't provide them legal cover or help situations de-escalate. And, yes, they will be made fun of for acting like an idiot.