Steven C. Davidson Criminal Law Blog on Lawyers.com

What NOT to do or say if Approached or Detained by Police

Monday, August 3, 2009 by Steven C. Davidson

It is important to know your rights and what you should not do or say when approached or detained by a White Plains police officer to protect your constitutional rights. There could be many motives as to why you might be approached by an officer, such as you are believed to be a witness or suspect to a crime, you fit a description of a suspected person or you are in an area where a crime has been committed. Regardless of the reasoning behind an officer approaching you for interrogation, your reaction and what you say is extremely significant.

When being approached by an officer for questions Miranda Rights are not required by law, therefore, it is crucial that you are aware that you have the right to remain silent and that whatever you say can be used against you in court. This does not mean you should refuse to cooperate! You should cooperate with the officer to at least discover the purpose of the questioning as well as politely dismiss any further questioning. You should also refrain from arguing with the officer and making sudden or quick moves. Never threaten or become physical with a police officer. That will only cause additional suspicion and potentially have you arrested when there was no real reason to do so in the first place.

If you are being imprisoned by a police officer you should be given your Miranda Rights which states that you have the right to remain silent. Never say anything or write anything down that could be used against you in court. You should also never assume that an officer is telling the truth to lure you into a confession nor should you ever attempt to make a deal with the police. It is significant that you do not get physical with the police when being arrested or resist arrest. Becoming physical with a police officer is a felony and is punishable by imprisonment, while resisting arrest can lead to further charges. When detained, the best thing to do is politely decline to answer questions asked by the officers to avoid making voluntary, detrimental statements and wait until an attorney is present to represent you.

Article provided by The Law Office of S.C. Davidson, Attorney at Law, 888-376-1259, www.scdavidsonlaw.com.

Posted at 11:57 AM

Topic: Criminal Law