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 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.