Was the Trooper’s question asking me what was on my head an appropriate question? Since Nevada is a “helmet” State, and since my helmet is not a traditional one, then maybe yes. I wasn’t thinking about my
Constitutional rights at the time. It didn't occur to me to exercise my 5th Amendment right to keep quiet. I gave an honest answer to a reasonable question.
The light turned green and we crossed the intersection. The Trooper turned on her siren and lights to detain us.
Question: Did she have the right to detain us?
2 comments:
She only said, pointing to her OWN head: "WHAT'S THIS?" She didn't really communicate anything about YOUR helmet.
Did she have the right to detain you? I don't think that unless she could cite the law that she felt you were breaking, that she could.
The cop has the authority to conduct a Terry stop. Only more if you submit to conversation.
DefendantFromHell
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