Everyone Has Rights - Use Them

Everyone has rights, and you should not be afraid to exercise those rights. Many people are under the mistaken impression that, just because a police officer asks you to do something, you must do it. That is simply not the case. The police also have laws that they must obey, and those laws include not violating your civil rights.

One thing that always surprised me when I worked in law enforcement was the number of people that allow police officers to search their vehicle or home because they didn’t think they had a choice. You do have a choice. The law requires PROBABLE CAUSE for an officer to search, unless he has consent. If a police officer wants to search your vehicle or home, be polite, but tell him to get a warrant if he has probable cause. Otherwise, he cannot search your car. Most of the time, officers may suspect something, but they can’t meet the probable cause standard. If you think you will look guilty because you say no, forget it. You are simple invoking your rights, enforcing the law as it applies to you, and there is nothing wrong with that. If you think it will save you time if you say yes because they will think you have nothing to hide and let you go, think again. They had a reason to ask—they want to look for something.

Everyone has a right to remain silent. Use it. Tell the officer you are invoking your right to remain silent if they want to question you. You never know how what you say, even if you are only trying to clear up a misunderstanding, may be misinterpreted. My favorite example of this is in the movie “My Cousin Vinny.” A police officer is interrogating the character played by Ralph Machio and says “then you shot the clerk?” “I shot the clerk?” is Ralph Machio’s response. When the interview is read into evidence by the officer, however, he doesn’t read the statement as a question, but as a confession. The point is, you never know how what you say will be interpreted. The best advice, therefore, is to remain silent if the police question you. It’s one thing to give your name, etc. on a traffic stop. It’s another to submit to questioning when you have the legal right to refuse.

Request your attorney. Be clear. The courts have held that a request for an attorney must be clear and unambiguous. Asking the man who wants something from you “do I need a lawyer?” is not enough. Saying “I think I may need a lawyer” is not enough. Be specific, be clear, be firm. Say four words. “I want my lawyer.” At that point, the police cannot question you further. Once you have this, don’t ask the officer any further questions without an attorney sitting next to you. If you are worried an attorney makes you look guilty, remember what happened in the example above, and remember there is nothing wrong with having someone present who can help you enforce your rights.

If you don’t have an attorney and can’t afford one, request a lawyer anyway, and then ask the judge to appoint you an attorney when you meet him. Don’t answer questions just because you don’t have enough money to hire a lawyer—the court must appoint an attorney paid for by the state when the defendant cannot afford to pay an attorney on his own.