Legal Question in Criminal Law in Virginia
If an officer tells you that he won't arrest you, can he anyways?
If an officer approaches a citizen and says that he will not arrest him, and continues to ask him questions regarding illegal activities, assuming the citizen consents to answering the questions, can the officer arrest the citizen despite his previous statement.
If an officer procedes to ask questions and performs a search, but finds nothing incriminating, but the citizen answers a question which incriminates himself, and the officer allows the citizen to leave, can the officer later press charges against the citizen?
I have found in certain cases, the officer opts to take the license from the individual and bring it to their vehicle. What are they doing, and can they use any information to incriminate the individual?
Thank you.
2 Answers from Attorneys
Re: If an officer tells you that he won't arrest you, can he anyways?
Anybody who is dumb enough to answer questions from police officers deserves what they get.
Re: If an officer tells you that he won't arrest you, can he anyways?
Since there was no formal arrest before the statements were made, the question would whether the actual stop turned into a custodial arrest. Officers are allowed to temporarily detain individuals based on a reasonable suspicion that a violation of the law has been committed. This stop is only temporary in nature. If the officer feels that his safety may be in danger, he may conduct a brief pat down of an individual for weapons only. This to is a temporary detention. However, if the amount of time the officer detains you for becomes unreasonable, or without just cause, the temporary detention may turn into a custodial arrest, rendering any statements made thereafter inadmissible unless Miranda rights have been waived.
If the officer tells you he wont arrest you, why say anything to give him a reason to do so.
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