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First step in criminal court process
During a criminal investigation, how can you protect yourself? And when do you need a police investigation attorney? What are the steps in the criminal investigation process? Here is our guide to the first step in the criminal court process.
It begins: Someone reports a suspicion of a crime to police. They respond to investigate. Quite often, there is a call to emergency services — a 911 call — typically recorded. Sometimes, law enforcement officers directly observe something they suspect may be a violation of law. Other times, police take hearsay reports from witnesses and others.
Initial Contact
Police officers may initiate a “Fourth Amendment Seizure.” Or they simply call it a “stop.” (But it does not matter whether the citizen is already stopped.) The key ingredients are:
- The police officer asserts governmental authority delegated by law; and
- person detained is not free to leave – government impairs their Liberty, even for a moment. Leaving after reasonable notice of police order to stop is a crime, Fleeing Police. So a bright-line separates a police order to stop or not. Ask, “Officer, am I free leave now?” to clarify at any time.
A Fourth Amendment Seizure is illegal unless the police officer can cite “Reasonable Articulable Suspicion of criminal activity;” or an observed violation of law (e.g. a traffic law). Police may video record the stop and what follows.
If a stop is illegal, the court will suppress any evidence obtained as a result; and not allow the prosecutor to use it as evidence.
Even if the initial reason for the stop was legit; the scope or length of the Fourth Amendment seizure may become illegal. Because police must have additional facts to justify the expanded or prolonged detention. Tic Tock!
When should you get a police investigation attorney? Sometimes a person is aware of a risk of a police investigation before. Other times the person is unaware until police reveal that the person is a target. In either case, that is the time to remain silent and consider hiring a police investigation attorney.
Statements & Your Police Investigation Attorney
The most important evidence obtained by law enforcement officers after a contact, is what courts call “statements.” Other terms that mean the same thing include: confessions, admissions.
When prosecutors charge a person, they will use out-of-court statements which would otherwise be inadmissible hearsay. But an exception to “the rule against hearsay” allows them to use the accused’s “Admissions.” A person does not have to talk to police at all. And if a person does talk to police, they can stop talking at any point they choose. This is a fundamental, constitutional and natural right.
In addition, police must provide a warning to a person arrested or in custody, about their Constitutional rights. The most important of these are the rights to silence and to consult a lawyer before answering questions. If police violate the requirements of the Miranda decision, the resulting statements can be suppressed from evidence in the case.
If police want to ask questions or take a statement, refuse, and get a police investigation attorney involved.
Searches
Another category important evidence obtained by police after a seizure is evidence from a search. The scope and depth of the search allowed under the limited delegation of governmental authority in the Minnesota and U.S. Constitutions depends upon the circumstances. For example during what we sometimes term a Terry stop, the law may limit police to a pat-down search for weapons.
During a traffic stop, when police conduct a probable cause search, the nature of the probable-cause facts limit the search. And during the execution of a Search Warrant on a home, the judge’s warrant limits the scope of the search.
Police may not lawfully search unless they have a Search Warrant or an exception to the Constitution’s Warrant Requirement applies.
One of the exceptions is “Consent.” People should avoid giving consent to any search. It’s a good idea to be unambiguous and clear, “Officer, I do not consent to any searches.”
When in any doubt, be clear that you:
- do not consent to any searches, and
- want to consult your police investigation attorney
More: Illegal search.
Right to Counsel: Police Investigation Attorney
Your right to counsel is yours, to assert at any time. You do not need to wait until arrested. You don’t need to wait for a Miranda Warning. But if you do hear one, take the hint to heart and remain silent until after consulting a lawyer.
The most important triggers to assert your right to counsel are police requests for information or for consent to search. These should be alarms, signaling that it’s time to consult a police investigation attorney.
Remember, a statement to police can always be made at a later time, after consulting your lawyer. Similarly, if consenting to a search was ever a good idea, it can wait – until after you consult your lawyer. If you feel pressured, that pressure is your reminder. Say, “no thank you Officer, I don’t consent to a search or say anything until I talk to my lawyer. I want to assert my 5th and 6th Amendment Rights.” Repeat often.
If you have a police investigation attorney retained, he may have an opportunity to observe the criminal investigation. Or, he may be able to get a defense investigator to help with it.
Arrest
Sometimes police may assert legal authority to detain a person beyond a brief investigatory stop (a prolonged detention); or to arrest. Whether an arrest is legal or not depends upon the facts as well as Constitutional and statutory law. If illegal, a judge may suppress evidence collected as a result of an unlawful arrest.
An arrest is an important step reminding you to protect your rights:
- remain silent
- clearly state that you don’t consent to any search
- repeatedly assert your right to a police investigation attorney
Jail
Police may take an arrested person to jail and book them in. “Booking” is an informal term referring to the arresting officer or a jailer collecting identification information, including fingerprints and photographs. Upon jail intake, jailers conduct a more thorough search. The word “jail” means a place of short-term detention, normally pre-trial detention.
Sometimes investigating police officers will try to interview the target in jail. If police want to talk you in jail, this is a reminder. Remain silent. Say nothing except you want your police investigation attorney present during questioning.
See: Get Out of Jail After Arrest – Tips for Getting Your Loved One Out
Question? Call Attorney Thomas Gallagher, 612 333-1500
When do police stop investigating?
To understand the answer to that question, we need to understand the problems of police management. Police cannot possibly investigate all reports of suspected criminal activity, with available resources. Time and money limit what police can do – just like the rest of us.
Police need to manage their resources well, to focus on the highest impact investigation activities. Two factors are important when managing available time and money:
- Highest perceived impacts on public safety
- Probability of developing a provable case
All three branches of government set public policy priorities for law enforcement. Government sets priorities in legislation, in executive branch discretion, in prosecutor discretion and in court decisions. To an extent though, police agencies can set priorities for enforcement.
Can police develop a provable case through investigation? This is the primary mission of law enforcement agencies. So, how does that help us understand how long a police investigation lasts?
The police investigation will last longer for a more serious suspected crime; and for one with good prospects of developing a provable case. On the defense side, we generally can’t do anything about the nature of the suspected crime. Typically, it’s in the past.
But what we can do on the defense side is stop providing additional evidence to police. This is the most important thing a police investigation attorney like Thomas Gallagher does to protect his client.
Police Investigation Attorney Thomas Gallagher
Which criminal investigation attorney should you choose? Thomas Gallagher is a Minnesota Criminal Lawyer with more than thirty-five years experience in police investigations. He studies police criminal investigation techniques, as well as forensic science. Gallagher has represented police officers. And the many Continuing Legal Education (CLE) classes Attorney Thomas Gallagher has taught including POST-approved courses taught to police officers.
When clients hire Thomas Gallagher for legal counsel about a police criminal investigation; we call that pre-charge counsel. The next page about stages in the criminal court process is pre-charge lawyer availability retainer.
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