Stephen R. Leffler Criminal Law Blog on Lawyers.com

What NOT to Do or Say if Approached or Detained by Police

Tuesday, May 19, 2009 by Stephen R. Leffler

What NOT to Do or Say if Approached or Detained by Police

There are many reasons why you might be stopped or approached by the Memphis police—and not every police encounter is negative. You might be approached by an officer if you fit the description of a suspect, appear to need assistance, are in an area where a crime recently occurred, have been pointed out as a suspect or are believed to have witnessed a crime.

Whatever the reason an officer decides to speak to you, your reaction and the extent of your cooperation can influence how long you’re detained.

The team from the Memphis criminal law office of Stephen Leffler recommends some helpful tips in protecting your rights and avoiding making harmful voluntary statements.

Don’t:

Refuse to cooperate, at least during initial questioning to determine the purpose of the inquiry.
Argue or display anger or frustration.
Make any sudden moves.
Hide your hands.
Over-react. Remember, you are innocent until proven guilty in a court of law.
Forget to notify the officer of any weapons on your person or in your car.
Threaten or become hostile toward the officer.
Sit in a dark car at night. If pulled over, turn on the car’s interior light.
Get out of the car, unless instructed to do so.

If you are being held or have been arrested by the police, don’t:

Forget that you should be given your Miranda rights.
Forget what you have talked about with the officer. Make notes, if possible.
Say something or write something down that you’ll regret later.
Presume that the officer is telling the truth.
Try to make a deal with the police. Only a prosecutor can make a deal, and your attorney should be present.
Automatically answer every question you are asked. You should have your attorney present.
Think that you can talk your way out of police custody without an attorney.

If you’ve been detained or arrested, you should act quickly to protect your rights and ensure a strong defense. Contact Memphis criminal defense attorney Stephen Leffler.

The Law Office of Stephen Leffler - criminal law firm in memphis

707 Adams Avenue
Memphis, Tennessee 38105

901.527.8830

Posted at 10:13 AM

Topic: Criminal Law