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.

Related Topics:
2 Lawyer Answers
Norman Spencer
Norman Spencer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • NY, NY
  • Licensed in New York

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.

1 user found this answer helpful

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Criminal Law Lawyer
  • Sacramento, CA

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.