Thoughts on what to say if questioned by or arrested by the police:
- Don't make any statements regarding the incident. Ask for a
lawyer immediately upon your arrest, and make no other statements.
-
Stay calm and in control of your words, body language and
emotions.
-
Don't argue with the police officer.
-
Remember, anything you say or do can and will be used against
you.
-
Keep your hands where the police officer can see them.
-
Don't run. Don't touch or attempt to touch the police officer.
-
Don't resist the officer, even if you believe you are
innocent.
-
Don't complain on the scene or threaten to file a complaint,
even if you intend to do so.
-
Be polite and respectful. Never talk back to a police officer.
-
Remember the officer's badge and patrol car numbers.
-
Write down everything you remember ASAP.
-
Try to find witnesses and their names and phone numbers.
-
If you are injured, seek medical attention. Take photographs
of the injuries as soon as possible.
-
If you feel your rights have been violated, file a written
complaint with the police department's internal affairs division or civilian complaint
board.
-
CONTACT YOUR ATTORNEY AS SOON AFTER YOUR ARREST AS POSSIBLE.
It is important to discuss the facts of your case with your attorney as soon as possible.
-
What you say to the police officer is
extremely important. It is important to limit your contact with the police since it
provides them with information for arrest.
-
You don't have to answer a police officer's
questions, but you must show your driver's license and registration when stopped in a car.
-
You don't have to consent to any search of
yourself, your car or your house. If you DO consent to a search, it can affect your rights
in court. If the police say they have a search warrant, ASK TO SEE IT.
-
Do not interfere with, or obstruct the
police--you can be arrested for it.
If You Are Stopped For Questioning
It's not a crime to refuse to answer
questions, but refusing to answer can make the police suspicious about you.
Police may "pat-down" your
clothing if they suspect a concealed weapon. Don't physically resist, but make it clear
that you don't consent to any further search. Remember exactly what you were wearing when
you discuss the matter with your attorney. Save the clothing you were wearing if you are
subject to a "pat-down" search.
Ask if you are under arrest. If you are, you
have a right to know why.
Don't bad-mouth the police officer or run
away, even if you believe what is happening is unreasonable. That could lead to your
arrest, or to additional charges for "resisting arrest", "failure to obey a
police officer", etc.
If You Are Stopped In Your Car
Upon request, show them your driver's
license, registration, and proof of insurance. In certain cases, your car can be searched
without a warrant as long as the police have probable cause. To protect yourself later,
you should make it clear that you do not consent to a search. It is not lawful for police
to arrest you simply for refusing to consent to a search.
If you are given a ticket, you should sign
it; otherwise you can be arrested. You can always fight the case in court later.
If you're suspected of drunk driving (DWI)
and refuse to take a blood, urine or breath test, your driver's license may be suspended.
If You Are Arrested Or Taken To A Police
Station
You have the right to remain silent and
to talk to a lawyer before you talk to the police. Tell the police nothing except your
name and address. Don't give any explanations, excuses or stories. You can make your
defense later, in court, based on what you and your lawyer decide is best.
Ask to see a lawyer immediately. If you
can't pay for a lawyer, you have a right to a free one, and should ask the police how the
lawyer can be contacted. Don't say anything without a lawyer.
Within a reasonable time after your arrest
or booking, you have the right to make a local phone call: to a lawyer, bail bondsman, a
relative or any other person. The police may not listen to the call to the lawyer.
Sometimes you can be arrested without bail,
or have bail lowered. Have your lawyer ask the judge about this possibility. You must be
taken before the judge on the next court day after your arrest.
Do not make any decisions in your case until
you have talked with a lawyer.
In Your Home
If the police knock and ask to enter your
home, you don't have to admit them unless they have a warrant signed by a judge.
However, in some emergency situations (like
when a person is screaming for help inside, or when the police are chasing
someone) officers are allowed to enter and search your home without a warrant.
If you are arrested, the police can search
you and the area close by. If you are in a building, "close by" usually means
just the room you are in.
We all recognize the need for effective law enforcement,
but we should also understand our own rights and responsibilites. Everyone, including
minors, has the right to courteous and respectful police treatment.
Contact Information:
If you leave a voice message or send an email,
please include ONLY the following information:
- The date of any alleged offense you have been charged with.
- The court in which you have been told to appear.
- The date and time you have been told to appear.
- Your telephone number and best time to reach you.
I will call you back at the earliest opportunity.
Do NOT include any specifics about your case in a recorded voice
message or email. We will discuss
that on the phone, and in greater detail in person.
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Information in this column should not be construed as legal advice
and does not constitute an
engagement of the Mark Stevens Law Office, nor any attorney associated
with the Mark Stevens
Law Office. The information contained herein is of a general
nature and may not apply to any
particular set of facts and circumstances. Please bear in mind that
laws change frequently. We will
make an effort to update the information on a regular basis, but
are under no obligation to do so. No
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