Rochester, NY asked in Criminal Law and Civil Rights for New York

Q: Can telling someone "Don't answer questions" during an investigation be considered interference

I was wondering if an officer was on a traffic stop and you walked over and told the person in custody "don't answer question.....don't answer anything that he says" would this be considered interference? In this situation the person would have walked up to a traffic stop that didn't involve them and instead of telling the person "you don't have to answer questions" they tell them "DONT answer questions.

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2 Lawyer Answers

A: You don't have to answer any questions during an investigation, and there is nothing wrong with advising someone not to answer questions without consulting an attorney.

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James L. Arrasmith
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Answered

A: Yes, telling someone not to answer questions during a police investigation can be considered interference. If you approach a traffic stop that you’re not involved in and instruct someone in custody to “don’t answer questions,” you could potentially disrupt the officer’s ability to conduct their investigation. This can be seen as obstructing law enforcement, which might lead to legal consequences.

The way you phrase things also matters. If you had said, “You have the right to remain silent,” or reminded them of their rights, it might not be viewed the same way. However, directly telling them "DONT answer questions" could be interpreted as trying to influence the situation or hinder the officer's job.

It's crucial to understand the boundaries of what you can say or do in these scenarios. Always consider whether your actions could be seen as interference or obstruction, which are taken seriously by law enforcement. When in doubt, it’s often best to let the officers handle their investigation without intervening.

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