Criminal Law

How to Interact with the Police

What should I do when stopped by the police?

The police cannot stop you for just anything, they can only stop you when they know or have good reason to suspect you have committed a crime. However, it is never a good idea to evade being stopped or arrested,even if you do not think they have a valid reason.

If they tell you are under arrest, they should tell you what you are under arrest for, after which you have to, and should, ID yourself.

Never consent if they ask to search you, your car, or your other property (such as your phone). This will never help you, even if you are innocent. Generally, the police need a warrant or probable cause coupled with exigent circumstances to search you or your property. However, if you consent, that by itself is enough for the police to legally search whatever you consented to being searched. Even if you do not consent and get searched anyway, by not consenting you are at least leaving open the possibility of a successful motion to suppress *hyperlink to my section on suppressing evidence.*

Other than identifying yourself when you are arrested, do not talk to them and do not answer any questions, and definitely do not say anything that can implicate you in a crime. Exercise your right to remain silent and ask for an attorney (more information on talking to the police below).  

What happens when I am arrested and what should I do?

When you are arrested you should be told what you have been arrested for and will typically be read your Miranda rights, which includes the right to remain silent and your right to an attorney. Make sure you exercise your right to remain silent and ask for a lawyer. You will then betaken to jail and booked, which means your fingerprints will be taken followed by a booking picture, or “mugshot.”

Asking for a lawyer in totally unambiguous terms is incredibly important, because once you do, the police, legally, must cease questioning you. Do not say things like “I might want to talk to an attorney” or “I think I could use an attorney,” as ambiguous statements such as this could be interpreted as not being a request for an attorney.

Typically, you would not want to talk to the police a tall, but if your circumstances dictate that you should, only talk to the police with a lawyer present. Due to the rules of evidence (particularly hear say rules), you have nothing to gain by talking to the them by yourself—at trial,what you told the police can only be used against you; it cannot be used in your favor.

After your arrest and booking, you should be brought before a judge within 48 hours to set bail. It is important to have a lawyer involved as early as possible and have a lawyer present at your bail hearing.  The judge will determine bail,and your lawyer can put forward arguments to lower your bail. Getting a bail that you can afford can be the difference between staying in jail or going home while your case is pending.