Advice: Ten Things Not To Do If Arrested

http://www.kickassfacts.com/advice-ten-things-not-to-do-if-arrested/

Copy and paste for the lazies.

  1. Don't try to convince the officer of your innocence. It's useless. He or she only needs "probable cause" to believe you have committed a crime in order to arrest you. He does not decide your guilt and he actually doesn't care if you are innocent or not. It is the job of the judge or jury to free you if he is wrong. If you feel that urge to convince him he's made a mistake, remember the overwhelming probability that instead you will say at least one thing that will hurt your case, perhaps even fatally. It is smarter to save your defense for your lawyer.

  2. Don't run. It's highly unlikely a suspect could outrun ten radio cars converging on a block in mere seconds. I saw a case where a passenger being driven home by a drunk friend bolted and ran. Why? It was the driver they wanted, and she needlessly risked injury in a forceful arrest. Even worse, the police might have suspected she ran because she had a gun, perhaps making them too quick to draw their own firearms. Most police will just arrest a runner, but there are some who will be mad they had to work so hard and injure the suspect unnecessarily.

  3. Keep quiet. My hardest cases to defend are those where the suspect got very talkative. Incredibly, many will start babbling without the police having asked a single question. My most vivid memory of this problem was the armed robbery suspect who blurted to police: "How could the guy identify me? The robber was wearing masks." To which the police smiled and responded, "Oh? Were they?" Judges and juries will discount or ignore what a suspect says that helps him, but give great weight to anything that seems to hurt him. In 24 years of criminal practice, I could count on one hand the number of times a suspect was released because of what he told the police after they arrested him.

  4. Don't give permission to search anywhere. If they ask, it probably means they don't believe they have the right to search and need your consent. If you are ordered to hand over your keys, state loudly "You do NOT have my permission to search." If bystanders hear you, whatever they find may be excluded from evidence later. This is also a good reason not to talk, even if it seems all is lost when they find something incriminating.

  5. If the police are searching your car or home, don't look at the places you wish they wouldn't search. Don't react to the search at all, and especially not to questions like "Who does this belong to?"

  6. Don't resist arrest. Above all, do not push the police or try to swat their hands away. That would be assaulting an officer and any slight injury to them will turn your minor misdemeanor arrest into a felony. A petty shoplifter can wind up going to state prison that way. Resisting arrest (such as pulling away) is merely a misdemeanor and often the police do not even charge that offense. Obviously, striking an officer can result in serious injury to you as well.

  7. Try to resist the temptation to mouth off at the police, even if you have been wrongly arrested. Police have a lot of discretion in what charges are brought. They can change a misdemeanor to a felony, add charges, or even take the trouble to talk directly to the prosecutor and urge him to go hard on you. On the other hand, I have seen a client who was friendly to the police and talked sports and such on the way to the station. They gave him a break. Notice he did not talk about his case, however.

  8. Do not believe what the police tell you in order to get you to talk. The law permits them to lie to a suspect in order to get him to make admissions. For example, they will separate two friends who have been arrested and tell the first one that the second one squealed on him. The first one then squeals on the second, though in truth the second one never said anything. An even more common example is telling a suspect that if he talks to the police, "it will go easier". Well, that's sort of true. It will be much easier for the police to prove their case. I can't remember too many cases where the prosecutor gave the defendant an easier deal because he waived his right to silence and confessed.

  9. If at home, do not invite the police inside, nor should you "step outside". If the police believe you have committed a felony, they usually need an arrest warrant to go into your home to arrest you. If they ask you to "step outside", you will have solved that problem for them. The correct responses are: "I am comfortable talking right here.", "No, you may not come in.", or "Do you have a warrant to enter or to arrest me in my home?" I am not suggesting that you run. In fact, that is the best way to ensure the harshest punishment later on. But you may not find it so convenient to be arrested Friday night when all the courts and law offices are closed. With an attorney, you can perhaps surrender after bail arrangements are made and spend NO time in custody while your case is pending.

  10. If you are arrested outside your home, do not accept any offers to let you go inside to get dressed, change, get a jacket, call your wife, or any other reason. The police will of course escort you inside and then search everywhere they please, again without a warrant. Likewise decline offers to secure your car safely.


Comments


[101 Points] Lemonlaksen:

TIL cops are actually vampires. Don't invite them in!


[34 Points] gogojunky910:

Useful advice. A few things I hadn't thought of before.


[19 Points] MDMangel:

This type of knowledge should be kept fresh around here. Thanks for the reminders and maybe showing others what they didn't know.


[10 Points] thr0wawayisthr0waway:

You deserve gold ! I wish I knew all of this and took it seriously when I was younger. My simplistic rule is to not grant permission for anything, including interviews (Without a lawyer). If they can do it, search your computer,car, house, etc. They sure as shit wont ask.


[9 Points] chloekatt:

Number 10 on this list reminds me of the LUCKIEST fucking thing I had happen to me....

 

Long story short - A few years back, some shit happened that led to cops coming to my house.... and ended up with my boyfriend being arrested on a warrant he had been avoiding, and the cops were in the process of getting the search warrant to raid my whole house - Since I was in my PJs and didn't have my purse or phone or anything on me - one of the officers was chill enough to ask me if I wanted to go inside to grab anything before they began destroying and tearing apart searching the house....

 

So the officer kindly escorted me inside to grab some clothes, my phone and my wallet - Totally not having the slightest clue that they literally just let me walk right outside with the only things I was afraid of them finding (a few grams each of K and meth) which I had tucked away safely in my wallet.

 

So basically they just let me walk right out with the drugs before they proceeded to tear apart my house looking for drugs and seeming annoyed that they didn't find anything. LOL.


[8 Points] dnmadvocate:

If on the side of the road, if they ask you to step out of your vehicle, the old rule was lock your doors. The new rule, lock your keys in your car intentionally but 'oops on accident' Then the car is secured, and there is no way you can be forced to unlock the vehicle, they WILL need a warrant or all evidence found will be inadmissable in court.

You might be inconvienced on the side of the road a few hours or a day, but thats better than....

Most of us have some form of roadside assistance. Say the car broke down and you need it towed to a shop. Do that, get a taxi/uber/hotel/airbnb, let the heat pass. Know you are not stranded. Mcdonalds/Panera/fast food/hotel lobbies are always fair game for an open public hideout/charge your phone/be around cameras.

Wash rinse repeate if the police continue to harass you.


[9 Points] slowdownaminute:

  1. don't be stupid and get arrested


[5 Points] topknotch89:

dont do #6 guys, i got hit with resisting arrest years ago because i pulled away when the cop cuffed me. fucking assholes.


[4 Points] slamnuts21:

http://youtu.be/6wXkI4t7nuc


[7 Points] None:

[removed]


[3 Points] OlympusXans:

Needs a sticky


[2 Points] DrunkinProphet:

Tip if you're not a seller and don't live in the US: Pay the fee and good luck next time.


[2 Points] StopnFrisk:

Interesting, thanks for the read. #9 is the one that seems most interesting, but also seems like it wouldn't work. I don't want to test it, but it just seems like if the police are called on you, they'll come get you.


[2 Points] DNM-Accountant:

Very solid advice for everyone to remember.

These things are mostly solid in the US but remember folks; the laws and advice are not the same all around the world.


[2 Points] walt81:

Don't even open your door, ask what they want and if they have a warrant.


[2 Points] Volitility:

So if the officer asks for your keys and you give them to him its the same as giving them permission to search your car?


[1 Points] CryoSage:

Could you please go into more detail on number 10 please?


[1 Points] LittleMuscles:

I didn't think about #10. That's a good one. thanks


[1 Points] bski01:

Every single one of these is a double negative and are things you want to do when arrested, other than that 👍


[1 Points] None:

This is actually very good advice, good job man.


[1 Points] dirty_deeds_DDC:

Most of these seem kind of 'durr, no kidding!' but if it's news to you then this list is definitely worth reading. The last two in particular were what made it worth reading for me.


[1 Points] asshair:

So when they ask you these questions and you don't respond... what exactly does "not responding" entail?

I plead the 5th?

Or, idk?

or, silence?


[-1 Points] curioustray:

My friend was arrested last year, which then lead to police getting a warrant for his (well, his parents) house. He genuinely had no idea there was drugs in the house, but they found some molly and some acid and some 'child porn' on his ipad (a nude of his, at the time of the photo being taken, underage girlfriend), was also arrested for perversion of course of justice (I won't go into the details but it was complete bs), he was 16 at the time of arrest. He under his lawyers advice said nothing in all police interviews. Couple months ago he was given 140 hours community service and put on the sex offenders register for 3 years, court said that had he been more co operative with police his sentence would have been less. I think sometimes talking with police is a good idea, as long as you have thought (with a lawyer) about what exactly you will say. Depending if the case is known to the public and what the circumstances are if you don't say anything in police interviews, they will tell the press that which could ultimately result in the public pressuring for harsher sentences as to the general public, non co operation = guilty. In my friends case we are certain that public opinion (hugely misguided by press) had an impact on the outcome of the case.


[-13 Points] None:

Rule #11......don't drop the freaking soap....bahahahahaaha!!!!!!!