macabee said:Yes, but it is not so black and white, eventhough you have a right to end an encounter w/ police so long as you are not under arrest (which itself is not as cut and dry as you might think, there is more to it then just being put in handcuffs) you still must comply with police requests for basic information. The key here is to not be put in a position of having to choose between trying to exhonerate yourself and incedentally incriminating yourself or waiving your rights. The pitfalls of the 4th, 5th, and 6th Amendements are that there are many exceptions, waivers, and requirments before getting protection. It can get very complicated and it is very fact specific. Way more then can be discussed on a message board. Alot of good bros are going down and getting their lives screwed up over simple possession, and most of the time alot of the headaches could be avoided if they knew what to do. There is a lot of incomplete information going around and people should really learn what might happen and how to protect themselves if they choose to play this game.
corrrect when it comes to law it will never be cut and dry because it all comes down to either a jury (which can be swayed either way) or the supreme court and their interpretation of things....a cop can stop and talk to anyone and you can leave at anytime, this is called a mere encounter......the next is a investigatory detention and this and to do this a police officer needs reasonable suspicion and this can only last a reasonable amount of time....lastly you have the custodial arrest and at that point if they question you about what happened you need to be mirandized.........and again once you are arrested you say nothing and ask to see a lawyer, their questioning MUST stop or case dismissed..........................oh and for anyone that thinks once the handcuffs are on you are under arrest, think again, you can be handcuffed and put in the back of the car and your still not under arrest until your told your under arrest...they can use the cuffs for their own safety....and last thing you can be arrested without being cuffed and that is when you consent to the police officers authority if he says something like "hey you come with me" their was precedent for this case set, i cant remember which case it was exactly but its there........and ill end with people all state laws (state to state) are different and you should know those as well, for example PA is ALOT more stringent with things then other states when it comes to law......goodluck with everything and stay safe