Articles Posted in Legal News / Legal Information

POLICE CONTACT          

100 ‘most asked ‘ questions

DO I HAVE TO TELL THEM WHAT I KNOW?

No.

The only time you have to speak is if you are ordered to do so by a judge, in court, with your attorney present.

Once you begin to tell the police what you know you expose yourself to criminal charges of obstruction of justice, impeding a police investigation, filing a false police report, perjury, and a host of other criminal charges.

By remaining silent you are not exposing yourself to criminal liability for misstating or mistaking what you know from what you think you know.

You need to speak with a lawyer. You can cooperate in an investigation later if you want.

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100 ‘most asked ‘ questions

CAN THE POLICE LIE TO ME?

Yes.

The Supreme Court has said it is okay for the police to lie to you in the course of an investigation.  That’s a big WOW isn’t it?

Does that mean the police can lie to me when they tell me that they have a confession from someone else and I’ve been implicated? Yes.

Does that mean the police can lie if they tell me they have a picture of me in a compromising criminal act?  Yes.

Does that mean the police can lie if they tell me they have my fingerprints? Yes.

Gee, my Mom never lied to me like that.

The police are not your mother.

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100 ‘most asked ‘ questions

WHAT IF I RUN?

Running away can be considered as an indication of guilt.

If an officer issues a command for you to stop you must do so. You do not have to cooperate or assist the officer in obtaining information which can lawfully empower him to arrest you.

If an officer commands you to stop you can consider yourself detained. All of your constitutional rights attach to the circumstances and subsequent actions of the officer. That means anything that happens after the issuance of the “stop” command by the officer is subject to review by a judge.

So if the officer says stop: stop. At that point exercise your right to remain silent and your right to counsel.

You gain control of the situation when you follow the law. Running is always an unwise response.

Remember the law can protect you if you know the law.

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100 ‘most asked ‘ questions

SHOULD I OPEN THE DOOR IF THE POLICE KNOCK?

Only if they have a warrant.

If they don’t have a warrant and force their way in, then let a judge sort it out.

If they are in, just remain silent and comply with any command (sit still) .

Do not give them permission to search, even if the situation looks hopeless.

Remember that a lawful search is only admissible if:

1. you give them permission,
2. the police have a warrant,
3. “exigent circumstances” exist.

To preserve the issue for a judge NEVER agree to a search.

POLICE CONTACT              

100 ‘most asked ‘ questions

WHAT SHOULD I DO IF I AM BEING QUESTIONED BY THE POLICE?

 Do not answer questions, do not volunteer.

Tell the police that you will not answer any questions without an attorney present.

It is the most natural thing in the world to try to defend yourself when you’re being accused of a crime.  And that’s okay, and that’s how it should be.

The thing to remember is time and place.

The time of your arrest, it is not the place to defend yourself.  You cannot talk the police out of arresting you.

The correct time and place is in a courtroom.

POLICE CONTACT     

100 ‘most asked ‘ questions

DO I HAVE TO TALK TO THE POLICE?

No.

You do not have to say anything to an officer to assist him in making a case against you.

The police can stop you in the street and talk to you.  You do not have to, and should not, answer.

The only person who can force you to answer questions is a judge, and then only in limited circumstances.  Those circumstances only occur in a courtroom.  The street is not a courtroom.  A cop is not a judge.