Know your rights well enough, to assert them under pressure. If the innocent have nothing to fear, what explains the hundreds of DNA major-crime exonerations? So, innocence alone does not prevent a false allegation.
Conclusion? We all need education and tools to protect ourselves from police. And this helps avoid a costly criminal record or prison time.
When the government turns its awesome power on you, what should you do?
- Panic
- Try to talk your way out of it
- Show submissive behavior, like a dog
- Confess early & often – even to things you know nothing about
- None of the above
Correct – none of the above. Panic, submission and wishful thinking – while common, are not the way to protect yourself. Well then, what should you do?
Trust Yourself (Not Police)
Know your rights. And assert your rights. You can and must do this. But don’t make the common mistakes during police investigation.
Nobody Talks, Everybody Walks:
- Do not lie.
- Do not tell the truth.
- Say nothing.
You cannot lie, when remaining silent.
Consult a criminal defense lawyer before making any statements to police. That general rule has few exceptions. So when in doubt, remain silent. And if you hear a Miranda Warning, the alarm bells should be going off – be quiet!
Why? Police are generally good people. And just like the rest of us, they too have a job, pressures. They are human – not perfect.
Police have a point of view, a bias. And, like all of us, they are subject to the “self-fulfilling prophecy” phenomenon. Psychologists call it “confirmation bias.” Have you ever noticed that people tend to side with the first story they hear? Do you think police officers are immune?
Bottom line: police misinterpret other people; coerce unreliable statements, or both; for many reasons. So you need to protect yourself legally, and know your rights.
And you can always make a statement later, if that makes sense, after consulting with your criminal law attorney. After all, the truth won’t change over time. It will still be the same a week from now.
Police try to create a false sense of urgency, drama. But their efforts to create a crisis, to get a statement, are self-serving. Because they don’t want you to “shut up, and lawyer up.”
Some things never change: What would Jesus do? Do what he did; at his trials. He was silent, and would not take his accusers; bait: The Trial of Jesus.
Avoid “consent” to search
When you know your rights, you don’t consent to a search. But they train police to get “consent” to search.
Consent is an exception to the search warrant requirement of the Constitution. If police get valid, voluntary consent, a judge will rule the search legal. So an otherwise illegal search becomes legal, if you consent!
But why would a sane person ever give real, voluntary, consent to a police search? Nothing better to do? So every so-called “consent” search involves a degree of coercion by police. And the judges draw the line about just how much, is too much coercion.
That means you need to expect police to push or manipulate you. Be ready. And never consent.
A majority of police contacts happen as the result of traffic stops.
If you think that police lack enough justification could continue detaining you, you can ask “Officer, am I free to leave at this point?” That creates a point in time where the police officer will have to either verbally justify your continued detention, or say “Yes, you may go now” (with or without your ticket.) If you leave despite a police order to stop or remain stopped, they can charge you with the crime of fleeing police. So it’s a bright line, either-or question. More on:
Eyes on the prize: assert your rights
It is better for the defense, to endure delay, detention, even arrest – rather than consent to a search. Some may think “why not consent. They’ll search anyway.”
But think about it logically. Why would police want to create a sense of inevitability about a search? If your consent really was unimportant; why are they trying to get it?
That is a bad idea. And that is what they want you to think. Because your “consent” would likely prevent a judge suppressing evidence from an illegal search. So, know your rights.
Consent just throws your legal rights away. So don’t throw your rights away. Your lawyer will need them later to win your case. This is most true when you’re innocent. Why?
Because false charges and convictions of innocent people are an even greater injustice. Also, an innocent person is more likely to face charges and conviction if they talk to police, since other evidence will be lacking.
If police can search lawfully with a warrant, they do not need consent. (So repeated efforts to get “consent” betray the police officer’s lack of probable cause.) Where police have a search warrant, you should not physically or verbally interfere.
But you do not need to speak. And never consent to a search, ever.
What is consent?
Consent can be verbal or non-verbal. So it’s like any interpersonal communication. When we communicate with each other, we have our own intention. But effective communication means the other person understands what we wish to communicate. So we must work for clarity.
Because the other may have an agenda. Or their bias may interfere with understanding. But judges will apply their own, more objective standard. And the video record helps them do that.
So, your mission is clarity. Repetition helps. And support your words with your body language. Avoid consent by conduct. Even if the police ignore your clear, repeated, consistent communication of “I do not consent!;” make the video record.
Good legal hygiene: assert your rights
O.k., you know your rights. But are you ready for the stress test?
Know them better. After all, it’s a lifelong learning process. So learn as much as you can about the law. And then you can better protect yourself and your loved ones, legally. The better you know your rights, the better you will be able to assert them, even under pressure.
- Under 21? Know your rights under Minnesota’s underage drinking laws.
- Drive a car? Learn tips on avoiding traffic stops.
And remember, if police contact you, about a possible crime, know your rights. So consult a criminal defense lawyer quickly; to seek investigation representation or pre-charge counsel.
Question? Call Attorney Thomas Gallagher, 612 333-1500
Do you have more questions about how to asser your rights with police? See:
Criminal Law Questions | FAQ and Answers
Minnesota DWI Law FAQ and Answers
Your lawyer can help you take steps to protect yourself from the unjust and awesome power of the government.
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