I was driving with my youngest brother and then suddenly I saw red and blue lights behind me. I pulled over and talked to the officer and did the usual routine.

Then my brother started talking like he owns the car while he is the passenger.

Though he wont admit it, by experience, I knew when people are scared especially when confronted by an authority, they suddenly talk stupid things and begin to unwittingly reveal too much that could spell trouble and made me feel very uncomfortable. He had unwittingly snitched on me revealing my driving experience and  even suggested to the officer that I had made a mistake which I didn't admit to knowing my rights of not incriminating myself.

So I got a infraction of a red light violation which I doubt to be true but who's going to win with a cop? He's just doing his duty so I cant blame him.

So I talked to my brother after that and taught him not to talk for my sake when I am the one driving so that we can avoid the risk of incongruency when speaking to an authority figure (less talk less mistake) and to avoid offending the driver when he rides on someone else's. And it turned into a heated debate with he claiming he "saved my skin" and I should be apologizing and I should be thanking him for apologizing for me etc.

I show him a copy of the miranda rights to prove my point and yet still he clung to his belief and seeing he is too emotionally involved to hear me out, I ended the conversation.

So my question just to clarify: If you are the PASSENGER, should you shut up and let the driver do the talking or should you speak for him?

"You have the right to remain silent" - good advice in many cases.

There are cases where for example a parent can speak up for an inexperianced driver and perhaps get a caution instead of a ticket. 

The person who is accused of wrongdoing and who's going to suffer the punishment, whether it be arrest, prison, or a traffic ticket, should be the one who does the talking. You ought to be able to defend yourself without outside interference. After all, if you mess up and say too much on your own behalf, you're the one who suffers the consequences.

That being said, police love to talk to other people because friends and family members very often say all kinds of incriminating things.

A general rule: if you want to help the police, talk to them. If you want to help yourself or someone else (assuming you and the police may have different goals), say as little as you possibly can. Ergo, if you're the passenger in a car that got pulled over, you keep your trap shut tight unless you are asked a question directly.

My vote is that the next time he is riding with you that he sit in the trunk! ;)

Quote - My vote is that the next time he is riding with you that he sit in the trunk! ;)

<> that would save many a relationship, that strategy! Good idea!

Wouldn't matter a damn in this country.  Anyone is fair game for the boys in blue.

First of all there is no right to remain silent.  Or rather, there is but you are warned that refusing to disclose information at the time of your arrest may harm your defense.  Good, eh?

Second, in my experience, each and every single copper in this country will do what the hell they like, legal or not, and get away with it.

i betcha they had a good laugh, back at the Police station, when the Patrol Officer shared the story on TheOwl and his brother.

i got to say though,  the Police in my hometown are the best.  They just busted one gang and are working on a second.  Soon as they're busted,  my hometown will be gang free. 

Quote - "You have the right to remain silent" - good advice in many cases.

There are cases where for example a parent can speak up for an inexperianced driver and perhaps get a caution instead of a ticket. 

Yyyyyep.  Without knowing any of the particulars of the OP's situation (or judging them), keeping your yap shut is always a good idea with the police.  What, you're going to suddenly talk a cop out of his job, which is fining/arresting people?

My problem with other people opening their yaps is 1 IQ and 2, psychological preparedness.  I am psychologically prepared to deal with cops and represent my own interests, but I trust VERY few people to open their yaps in such situations and not &@(# everything up.  Most people are simply, absolutely, woefully unprepared to talk to cops.  They think they're dealing with human beings (not saying cops aren't human beings, but they have a whole filter of job and law between your two humanities), where logic and reason make a difference.  Then there's the IQ thing.  I trust mine, but not most other peoples', not in that sort of situation.

The right to remain silent is there for a reason.  Use it.  In fact, it should be the default for all dealings with cops IMO.  Everything they give them they can use against you.  Giving them nothing means giving them nothing to use against you.  Mayberry is long gone.

The passenger should remain silent, unless questioned directly by the officer. And then he should limit what he says to the issue at hand and not tell your or even his driving history. They can look that up on their own if they feel the need to. Better to not say any more than necessary.  Since you were pulled over, you were going to get at ticket anyway.

I have only been stopped twice without a ticket.  The first time the cop was profileling. My car did not have any heat and I was wearing a heavy hooded jacket and a blanket.  He thought I was a male gang banger.  To his suprise, and it was very evident on his face, I was a female on my way to work in the very early am hours.  This was in the middle of the winter. He said that he watched my tail light go out.

The second time was my fault I was speeding to work. When I was pulled over. He cought me going 65 in a 55.  My only excuse was that I was late getting to work.  The only reason I did not get a ticket was because he was called away for something much more important.

I would suggest that you not allow your brother in your car until he understands your rules.  Your car, your rules.  Right or wrong.  Same as eating or not eating in your car. There are people not allowed in or near my car because they do not understand the rules or refuse to obey them.

Quote - I would suggest that you not allow your brother in your car until he understands your rules.  Your car, your rules.  Right or wrong.  Same as eating or not eating in your car. There are people not allowed in or near my car because they do not understand the rules or refuse to obey them.

Agreed!!

After the cop left I would have made him walk the rest of the way, what a moron!

I have found being a long haired musician for years, that silence and showing some respect goes a long way.

Aren't family wonderful? I mean, they're so helpful. I know they love us, and all, but sometimes you just want a roll of duct tape.

1. Your car, your rules.

2. With peope in uniforms and (in the US) guns, keep your mouth shut.

3. Problem with this? Find your own ride.

Cops think they're right when they pull you over. You're not going to change their mind. Helpful passengers only irritate the officer, and make him look for other reasons to detain everyone. As my sister says, family members need Mute buttons.

"family members need Mute buttons"

Amen to that!

If I am a passenger and the cop pulls my driver over, I will keep out of it. However if the cop addresses me, I will play stupid and act dumb. It's for my benefit too, 'cuz, if you ever watch those real life cop shows, they always have their hand on the butt of their revolver. You don't want to give them cause to point that thing at you.

I agree with you.  Your brother should have shut the f*** up.  I wouldn't take him anywhere again if his misguided beliefs are that strong.  He's a danger to you.  I agree with putting him in the trunk.

I don't trust cops.  In the US, you're guilty until proven innocent and not the other way around.  Otherwise, why do they put people in jail for years before they go to trial.

I agree...Passengers,(Brothers or not) should speak only if spoken to during a police stop. I have a few cop friends and they say the best thing for a passenger to do is look forward, hands clearly visible (on knees perhaps), and say nothing unless asked...and even then... as little as possible.

It pisses cops off to have some armchair lawyer interrupting.

This thread prompted me to ask one of my cop friends about this when we were talking today...He said Passengers will ALWAYS do more harm than good if they try to "HELP".

Rule(s) of thumb.

Keep hands visible.

Do not volunteer any information.

 Do not answer the un-asked question(s).

Tom

Quote - My vote is that the next time he is riding with you that he sit in the trunk! ;)

:lol:

Quote - My vote is that the next time he is riding with you that he sit in the trunk! ;)

Damnit! Where's the LIKE button!!!