united-states criminal-law canada police
When can a cop force a person to comply?
<p>I've seen many youtube videos where a citizen refuses to answer a cops questions. <a href="https://www.youtube.com/watch?v=QKtMLhN_zeE" rel="nofollow">This one particularly stood out</a> as it seems the person is intentionally trying to get the cops attention then refuse to answer there questions.</p>

<p>In the US (and in Canada) can a cop do anything if the citizen refuses to answer questions and they weren't certain he was doing something illegal? Also, must a cop answer "yes" or "no" when asked if they are detaining you? For example when the cop asked "have you been drinking?" and the guy says "am I being detained?" could the cop just not say yes or no (for example reply with the question "were you at a bar")?</p>

<p>Are technically cops powerless unless they catch you in the act of a violent crime?</p>

<p>I'm wondering, people like this are wasting a valuable resource, what laws could be passed so cops could charge him? Do these things not count as obstruction of justice?</p>

<p>Cops in the US aren't powerless if they didn't catch you in the act of a violent crime. They may detain you on reasonable suspicion that you committed, are committing, or are about to commit a crime; powers of arrest vary a bit by state, but in general they may arrest pursuant to an arrest warrant, or for any offense committed in their presence, or when they have probable cause to believe that a felony was committed and the person they're arresting committed it. </p>

<p>If a cop doesn't have reasonable suspicion based on articulable facts (not a hunch, not "he's in this neighborhood while black," but actual facts that give rise to the reasonable suspicion), he cannot legally seize you and prevent you from leaving. However, the question of reasonable suspicion is not one he needs to justify to the person he's detaining; it's something which is meant to be challenged in the <em>courts</em>, and attempting to judge it for yourself on the street will result in you becoming familiar with some of the tools cops have on their belts. A cop doesn't strictly need to answer "am I being detained," but if they say "yes" then there's really nothing you can do about it. </p>

<p>Because cops can't stop you without reasonable suspicion, they can't force you to identify yourself without it. With it, some states let them force you to identify yourself (and all allow them to do so while you're driving). Cops can <em>never</em> force you to answer questions that might incriminate you; if a cop asks you if you've been drinking, you have the right to refuse to say "yes" or "no." You can't legally be punished for exercising your rights; that's not to say you <em>won't</em> be (if a cop gets angry at you and tases you, that's not legal, but you still got tased), but it's not legal to be.</p>

<p>If the person refuses to answer questions, and the cop doesn't have grounds to do anything more, the cop has two excellent legal options: first, the cop can continue to ask questions for a bit (although detentions on reasonable suspicion can't go on too long), and second the cop can let you go.</p>

<p>Police must find <strong><em>reasonable suspicion</em></strong> to detain you. And they must find <strong><em>probable cause</em></strong> to obtain a <strong><em>search warrant</em></strong> or <strong><em>arrest</em></strong> you.</p>

<p>That said, all police encounters can potentially be problematic. See the two following questions and answers.</p>

<ul>
<li><p><a href="https://law.stackexchange.com/a/1362/794">You don't know. You can't know. And you can't force the officer to tell you</a>.</p></li>
<li><p><a href="https://law.stackexchange.com/a/1344/794">Running away from the police</a>.</p></li>
</ul>
