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A lawfully detained suspect must identify herself or face a charge of resisting arrest?

1) True
2) False

User DougA
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1 Answer

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Final answer:

While a lawfully detained suspect must typically identify themselves, they are not necessarily charged with resisting arrest for failure to do so. The right to remain silent and the right to counsel are covered under Miranda rights, which are separate from identification requirements.

Step-by-step explanation:

The question pertains to whether a lawfully detained suspect must identify themselves or risk facing a charge of resisting arrest. While laws can vary by state, generally, a person is not legally required to provide more than basic identification information to law enforcement officers. However, failure to identify oneself could lead to arrest or further detention, depending on the circumstances and the specific jurisdiction's laws.

Additionally, under Miranda v. Arizona, a suspect has the right to remain silent, which includes not providing self-incriminating information during a custodial interrogation. While the right to remain silent and the right to counsel are protected, legal requirements such as identifying oneself to law enforcement are separate matters, which may or may not lead to charges such as resisting arrest if not followed.

User Pavel Pavlov
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