Being questioned by the police can be a stressful and intimidating experience. Knowing what to say and what not to say is crucial for protecting your rights and ensuring the best possible outcome. This blog post will provide you with essential guidelines on how to handle police questioning effectively1.
Understand Your Rights
Before you say anything to the police, it’s important to understand your rights. In the United States, you have certain constitutional protections designed to ensure fair treatment during interactions with law enforcement. These include:
– The Right to Remain Silent: Under the Fifth Amendment, you have the right to remain silent and not incriminate yourself. This means you do not have to answer any questions that could potentially be used against you in a court of law.
– The Right to an Attorney: Under the Sixth Amendment, you have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be provided for you.
What to Say During Police Questioning
When the police question you, it’s important to stay calm and respectful. Here are some key points to consider:
1. Identify Yourself: If asked, provide your name, address, and date of birth. This is generally required by law and helps to confirm your identity.
2. Invoke Your Right to Remain Silent: Clearly state that you are invoking your right to remain silent. You can say something like, “I am invoking my right to remain silent.” This ensures that you are exercising your Fifth Amendment rights. It is very important that you make it clear you are exercising your right to remain silent because recent court decisions have held that the police may use statements they got from the subject against them where the purported exercise of the right to remain silent was ambiguous and the police continued questioning. Your silence can take what would practically be hopeless situation to a defendable one.
3. Request an Attorney: If you are being questioned about a crime, request an attorney immediately. You can say, “I want to speak to a lawyer.” This ensures that you have legal representation and that your rights are protected. To be extra clear, you can say, “I will not speak with you without my lawyer present.” This statement asserts both your right to a lawyer and your right to remain silent.
4. Do Not Consent to Searches: If the police ask to search your person, vehicle, or home, you have the right to refuse consent. Politely but firmly say, “I do not consent to any searches.” This can prevent unauthorized searches and protect your privacy. Your refusal to consent to any searches may not be used against you, even if it turns out you did not actually have the right to refuse the search.
What NOT to Say During Police Questioning
There are certain things you should avoid saying or doing when questioned by the police:
– Do Not Lie: Never lie to the police. Providing false information can result in additional charges and damage your credibility. It often surprises people to learn that the police are allowed to lie to subjects of interrogations. The same is not true the other way around.2
– Do Not Volunteer Information: Avoid giving any information beyond your basic identification details. Anything you say can and will be used against you.
– Do Not Argue or Resist: Stay calm and respectful. Arguing or resisting can escalate the situation and lead to further complications and even charges.
Why It’s Important to Stay Silent
Staying silent is not an admission of guilt. It is a legal right designed to protect you. Anything you say to the police can be used against you, even if it seems harmless. By remaining silent and requesting an attorney, you ensure that your rights are upheld and that you do not inadvertently incriminate yourself.
Conclusion
Knowing what to say and what not to say during police questioning is crucial for protecting your rights. Always remember to stay calm, invoke your right to remain silent, and request an attorney. These steps can make a significant difference in the outcome of your case. If you invoke your rights to remain silent and to an attorney, your lawyer will thank you and be in a better position to protect your interests.
If you or someone you know is facing police questioning, it is essential to seek legal advice immediately. As an experienced Arizona criminal defense attorney, I am dedicated to protecting your rights and providing the support you need. Reach out to my office today to schedule a consultation and discuss your case.
- For more on what to do when arrested by the police, check out my blog posts titled “What Should I Do If I’m Arrested” and “What To Do If Arrested.” ↩︎
- Although the police are allowed to lie to the subjects of their interrogations, there are things that police do that are not allowed, but that can have a terrible impact on your case. For more on that, check out my blog post titled, “The Cops Don’t Always Follow The Rules.” ↩︎
