Ten basic things everyone should know when cops want to talk
Whether you're pulled over by police or have an encounter on the sidewalk, here are some essential tips on how to preserve your rights.
If you want to know more, you can start with the landmark Supreme Court Miranda case associated with the Miranda Warning, the case that defined modern day stop-and-frisk encounters called Terry v. Ohio, or Brown v. Texas, which established stop-and-ID standards.
Understand that I'm an informal student of criminal law and not an attorney. This article represents a few of the things I've learned throughout my adult life. It's not legal advise by any stretch, but rather a launching pad for your own legal research.
I. It's insufficient to simply remain silent because police might construe that as uncooperative behavior.These tips are but a tip of the iceberg when it comes to criminal law. The more you know, the better prepared and more confident you can be if you have a run-in with police. And please don't take these items as wholesale facts; please let them be a trigger to get you started with your own research.
II. In order to preserve your constitutional rights, you should never consent to forfeiting them.
III. By answering questions without the benefit of your lawyer, you are forfeiting your Fifth Amendment protection against self incrimination and undermining your Sixth Amendment right to counsel.
IV. By consenting to searches, you forfeit whatever shred of Fourth Amendment protection against illegal search & seizure the Supreme Court hasn't yet eviscerated.
V. To preserve your 4th, 5th & 6th Amendment rights, say out loud that you refuse to answer any questions without your lawyer, and that you do not consent to any searches.
VI. A person’s refusal is insufficient cause for cops to suspect wrongdoing, which is the necessary legal justification for cops to detain you.
VII. If a cop can claim you committed an offence like speeding, he can then detain you long enough to write a summons. An offence also gives him adequate justification to demand your driver's license, insurance and registration. However he cannot arbitrarily expand the scope of the seizure (detention) without some other justification ... or your consent. Once the summons is signed, you are, de facto, free to go, so any subsequent encounter then becomes a voluntary (or consensual) one, to which you may refuse and politely depart.
VIII. Lacking reasonable suspicion or probable cause, a cop can't legally detain you ... unless you consent to it. Also, if no offense has been committed, he cannot demand identification (except in states with stop-and-ID laws; but even there, 'reasonable articulable suspicion' of wrongdoing is still needed).
IX. A casual conversation is a consensual encounter, but you may only know whether it's consensual or not if you ask specifically whether you're free to go. A trial verdict can turn on that fact alone.
X. Cops can and do con citizens out of their rights in order to bolster their arrest metrics and standing in their respective departments.
If you want to know more, you can start with the landmark Supreme Court Miranda case associated with the Miranda Warning, the case that defined modern day stop-and-frisk encounters called Terry v. Ohio, or Brown v. Texas, which established stop-and-ID standards.
Understand that I'm an informal student of criminal law and not an attorney. This article represents a few of the things I've learned throughout my adult life. It's not legal advise by any stretch, but rather a launching pad for your own legal research.
