People forget that even as non-citizens everyone has the right to remain silent or “keep calm and lawyer up”. People believe that if they cooperate and ask questions the officer or agent initiating the stop will be satisfied at the answer (which of course is asked for a reason only known to them) they will be let go and allow to continue on their way. They also believe even if they have knowledge of the nature of the stop the correct story will be told and that will make it into a police report “accurately” and everything will be fine. Sadly this is actually true less times than it is not and often times by a wide margin. What is certain is that the person being stopped has no idea what the officer knows.
As we all know from our first days in school knowledge is power and what we do know is that the person being stopped does not have it. There is no way of knowing how long if any an investigation has progressed prior to the stop. We also know that there may be no investigation, because the officer is hoping you will confess and then iron frame that statement into a long thread (perhaps in a police station) of facts or suspicions based on those initial “innocent questions”. There is also no requirement to show ID without a probable cause to stop a person. Cell phone checks? No. The officer must get a warrant before looking through it. No if course they can confiscate the cell phone but hang tough-a judge may not even allow a warrant with a pitch of “ insufficient evidence made to appear as sufficient”. Don’t be fooled. Say no and remain silent. Have a lawyer on a speed dial even if you don’t have one and text “ I want my lawyer” to speak for me.
Every time even at a traffic stop but that is my opinion after 14 years of doing criminal law 24/7.
