Is not answering a question that the police ask you obstruction of justice? ?

Question

i have a police scanner it is on all the time and i hear the police give out lots of tickets to people most of them young, for not answering questions that are ask of them, The 5th amendment states that you don't have to answer any questions that the police ask of them so how is the police getting by with this?

Answer 1

So you're saying that you hear the police saying on the radio that they cited someone because that someone refused to answer questions?

I think you need to cite a specific example of what you're hearing so we can evaluate your information.

Answer 2

Depends on the state.  I know in some states you can be arrested for failing to identify yourself until such a time as you can be identified.

Most of the time if your getting a ticket for obstruction it's because you lied to the cops about who you were or what you were involved in, and the officer found out proof to the contrary.

Like I said though it depends on the state.  Say if I pulled you over for suspected DUI and you refused to talk to me, ie telling me your name.... producing your drivers license... refusing to tell me whose car it is... then yes... your obstructing the investigation of DUI so you can be charged with that crime.

Answer 3

the kids may be drunk or high or just speeding. you have a right to an attorney

Answer 4

I think the 5th amendment may only apply on trial in court, but I'm not too sure.

Answer 5

It depends on the question.  The amendment protects against self-incrimination, its not a blanket immunity  from working with law enforcement.

For example, you can refuse to answer 'Did you kill that man?'  (This assumes you did).  This would be direct implication of yourself.

It does not, however, allow you to refuse to give a witness statement, if requested, unless in doing so you would expose yourself to prosecution.  

It also does not allow you to refuse to answer, you still must specifically invoke your right against self-incrimination.

Answer 6

They're getting tickets for things other than not answering questions, they were stopped for a reason I assume. If they really want to know the answer to questions, they take them into custody and get to the bottom of it there.

Answer 7

You have the right to remain silent. Those kids are getting tickets for other stuff like speeding.