Today many people don’t know or understand their basic constitutional rights. Therefore, you may find it interesting to learn about your rights and responsibilities when dealing with police officers. However, nothing that follows should be considered “Legal Advice.” I am not an attorney, and only an attorney can give you legal advice. The information and analysis that follows is based upon my 25 years of criminal justice education, law enforcement, teaching, and private investigations experience.
One interesting fact most people don’t know is that police officers are only required to be truthful when they are:
- Testifying in a court of law or deposition
- Filing an official police report
- Answering questions posed by their superior officers
- Petitioning a judge for a search or arrest warrant
You should assume police officers will be disingenuous and deceptive with civilians anytime they feel it’s advantageous to them. Deception is considered a lawful investigative tool. Never assume anything a police officer tells you is completely truthful.
Not all law police officers are inherently dishonest. Many are highly ethical and trustworthy people. However, I’ve conducted dozens of interviews with police officers, deputy sheriffs, and state troopers where they admitted lying to civilians, making serious mistakes in their reports, and to actually destroying physical evidence. Everyone should remain cautious, guarded, and skeptical when speaking with police.
The Miranda Warning and what it means to you.
“You have the right to remain silent.” This means you have the right to make no statement to police, nor answer any questions. This is one of your most important rights. Very few people would ever be convicted of a crime if they simply remained silent when arrested.
“If you give up the right to remain silent, anything you say can and will be used against you in a court of law.” This means any statement you make will be used against you at trial.
“You have the right to speak to an attorney before any questioning if you wish.” This means that you should never answer any police questions or make any statements without an attorney being present.
“If you cannot afford to hire an attorney, one will be appointed to represent you at no charge.” This means that if have no money to hire an attorney, the court will appoint a lawyer to represent you.
“You can decide at any time not to answer any questions or make any statements.” This means that even if you initially decide to answer police questions, you can stop answering questions any time.
“Do you understand the rights that have been explained to you.” The police are asking if you understand your rights.
What you should do if stopped by police in public or in your car. Many people are confused as to how they should behave if stopped by police. You may wish to consider the following suggestions if stopped and detained by police in public or in your car.
- Think carefully about your words, body language, and control your emotions.
- Be as calm as you possibly can be. Speak in a low and controlled tone of voice.
- Never argue with the police, even if you believe they’re mistaken. Silence is your friend.
- Keep your hands folded in front of you and where police can see them at all times.
- Make no sudden movements whatsoever. Do not attempt to walk away from police.
- Never touch a police officer. If you touch a police officer, they will charge you with felony assault.
- Never resist police if they begin to handcuff you. You can be handcuffed and not under arrest.
- Ask to call your attorney, a friend, or family member as soon as you get to jail.
- Write down everything you can remember about your incident as soon as possible.
- Ask politely for the police officer’s business card and badge number.
- If you’re hurt, have all injuries photographed, preferably by a professional photographer.
- Never consent to or physically resist a search of your person, your vehicle, or your luggage.
- Turn off your engine and keep both hands on the steering wheel at the 10 and 2 o’clock.
- Never admit to knowing why the police stopped you. Never volunteer any information to police.
- Always have your driver’s license, registration, and proof of insurance readily available.
- If the officer asks you to step out of your car, comply with their request.
- Sign all traffic citations. Remain silent if arrested. Only provide your name, address, and birthdate.
What you should do if police come to your home.
- Never allow or invite police inside your home unless they have a search warrant.
- If police say they have a warrant, demand to see a copy before you let them in.
- Step outside to speak to police. Close the door behind you. Let them do the talking. Say as little as you can.
- Never voluntarily go with police anywhere for any reason. If police insist you go with them, ask if you’re under arrest.
- If police say you’re not under arrest, insist they leave your home immediately and call your attorney.
- Never admit to owning firearms. If officers ask if you own a gun, simply decline to answer their question.
- Whenever interacting with police officers remain calm, confident, and speak clearly in low tones of voice.
- Never sign a “Consent To Search Form” for your home or car, even if threatened with arrest – it’s not a crime.
