Holly S. Hanover

KNOW YOUR RIGHTS

IF you are ever detained or arrested by police, border patrol, or any other law enforcement agency, always remember that you have a right to remain silent, and I highly recommend you always assert that right.

1.  Tell the police you do not want to speak to them.

You want to speak to an attorney.  

Do not ask if you can talk to an attorney, do not be hesitant about it.  All you need to say is that you will not talk to them (the officers) - you want to talk to an attorney.  This is the most important thing you can do to protect yourself if you are ever questioned by law enforcement.  You can give them your name and address if asked, and officers have a right to see some sort of identification (if you are behind the wheel, this can be a driver's license, proof of insurance, and registration - if you are given a ticket, you must sign it or be arrested, and if you are suspected of DUI, a blood alcohol test can be taken or your license may be suspended), but say nothing beyond this. 

You may be tempted to try and explain your side of the situation, and the police can actually lie to you to try and get you to speak with them, and they can use anything you say against you later on in court proceedings. The law allows officers to lie to a suspect in order to get him to make admissions. They can separate two suspects who have been arrested and tell the first person that the second one "snitched" on the first person, to get him to made admissions about him/herself or about the second person (even though the second person never said a thing). 

Officers can also say to a suspect that if he talks to the police, “it will go easier” on him/her, or that they will let the prosecutor know that he/she cooperated. That is only true in part.  Officers will tell the prosecutor that the arrested person cooperated, and it will be much easier .... but easier for the government to prove their case against him/her as a result of the statements made.  Better deals do not result from this practice.  In fact, the exact opposite is usually true!.

Despite this pressure, you must assert your right to remain silent and to speak to an attorney before making any decisions about speaking with the police.    Once you say you want to talk with an attorney, the police MUST stop questioning you.  It is vital to have the protection of an attorney before making any deals with the police or the government. 

You have the right - use it!

2.  Do not give permission to search anything.

Officers must have "probable cause" - a legal standard that means officers must  have a reasonable belief that you committed a crime - to search you, your vehicle, your home, or your other possessions ------ unless you give them permission to do so.  If they ask, it probably means they don’t believe they have the right to search and need your consent. 

I highly recommend that you never give officers permission to search anything.  This also means that you should NEVER allow them into your residence without a search warrant signed by a judge.  If evidence is seized in violation of this principle, your attorney can argue later in court to exclude it at trial because the search was illegal - but only if you do not give permission to search.  As a practical matter, police can sometimes get annoyed at your refusal and could take you into custody, so be aware of this.  If you are 100% positive and absolutely certain that nothing illegal will be found during the search, it is a judgment call, but I highly recommend you do not give any officer permission to search anything.

3. Stay Calm.

You can ask officers if you are free to leave, but don't attempt to run or walk away before making certain you are free to go.  It doesn't do you any good to get upset at the officers or to try and fight them in any way.  That can only hurt your cause.  Remain calm, be polite and respectful, and do not try to resist arrest in any way even if you believe you are innocent - you will be taken into custody regardless of guilt or innocence.  Police are much more likely to hurt someone if they resist. 

If police injure you, let your attorney know right away, so any injuries can be documented.  Also try to memorize any arresting officers names, badge numbers or physical descriptions in case the information is needed later.  If you can get names and information of bystanders, get those as well.  All of this information can help you and your attorney during your case.

For additional information, please see the website for the State Bar of California.