What is the status of a person being questioned by police in relation to investigative powers?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A person being questioned by police has the right to be informed of the reason for their arrest, which aligns with their legal rights and protections under the law. This right ensures that individuals are aware of the charges or allegations against them, which is a fundamental aspect of due process. It serves to inform them of the context of the police action and allows them to make informed decisions about how to respond, including whether to seek legal representation or assert their rights.

Knowing the reason for their arrest is crucial, as it compels law enforcement to articulate a valid justification for the detention or questioning, safeguarding individuals from arbitrary or unjust treatment. This principle acts as a protective mechanism within the justice system, ensuring transparency and accountability.

The other options present various misinterpretations of rights during a police questioning scenario. For instance, individuals are not legally obligated to answer every question posed by police without the possibility of legal representation. Furthermore, while having an attorney present is certainly a right individuals may choose to exercise, it is not a strict requirement throughout the entirety of the questioning process. Lastly, while a refusal to answer questions can have consequences, the law does not typically permit arrest solely for the act of choosing not to answer questions, especially in the absence of coercive interrogation methods or

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