What Not To Do When You Get Arrested

At Confession Prompted by Lies, Prisoner Fights for Freedom, Joel Alcox had been drinking heavily, had stayed up all night and had taken LSD when police arrested him in 1986 for the murder of a motel owner.  At first, Alcox insisted that he knew nothing about the murder, but over the course of six hours, his two police interrogators told him his fingerprints were found at the scene and that witnesses saw him there. Neither was true, but Alcox became convinced during interrogation that his own recollection was faulty and he accepted the facts presented to him by the police — even though some of that information was false. Finally, he broke down and he falsely confessed to the crime, under extreme duress. He has spent the past 23 years in prison for first-degree murder.  His attorney argues that Alcox was betrayed by a legal system in which police were allowed to lie to extract his confession. I was a criminal defense paralegal for 22 years.  I’ve seen it all.

He “was betrayed by a legal system in which police were allowed to lie to extract his confession“.  He must not watch much tv, or he would have known that police will say they have all kinds of evidence again you that they don’t have, in the hopes you will give up the “real”story.  They can do that.  Constitutional or not, they do it.  The best thing to do is don’t live a life that gets you arrested.

The second best thing to do is remember you have a right to say “I’m going to remain silent and I’d like to see a lawyer.” And as long as that is all you say, you’re in compliance with the law and the attorneys suss it all out later. This is a neat link that tells you how to handle yourself with law enforcement, invoking your right to remain silent and request a lawyer.
Update The Supreme Court just took away your right to remain silent

11 Things to Know When Arrested

Nobody plans to be arrested, but it does happen. Perhaps a few too many beers, or maybe you got mixed up with the wrong crowd. No matter what the circumstances, there are vital things you need to know, and you’ll be better off when the police come knocking.

1. Be polite. Police officers are just doing their job. They aren’t usually out to get you, and may be having a bad day too. If you are calm and polite, you can help diffuse a tense situation and perhaps avoid arrest altogether. But even if you get arrested, you still need to be polite to the officers. This can make a big difference in your treatment while in custody.

2. Don’t talk. You have the right to remain silent, and you should take it. Keep your mouth shut and you’ll stay out of deeper trouble. The police can use anything you say against you in court, so why give them anything? The cops might try to get you to give up your silence by tempting you things that they say. Don’t give in. Be strong and quiet. Update The Supreme Court just took away your right to remain silent

3. Get witnesses and names. When you are stopped, it is a good idea to get someone as a witness. You can ask anyone passing by to stay around, as long as they don’t interfere with the action of the police. Try to memorize the badge or name of the officers as well in the case you need to file a complaint later.

4. Do not make threats while in custody. Every one likes to say “You don’t know who I am” or “I will file a complaint against you.” Maybe you are indeed someone important, and filing a complaint is your right, but stating that while in the custody is not going to help you at all. It will upset the officers, and possibly worsen the treatment you will get.

5. Ask for a lawyer. If you are arrested, you can have a lawyer. If you can’t afford one, the state will provide one for you. This is the guy who will help make sure your rights are protected. And if you did do something illegal, he can help bargain for you with the prosecutor. Be sure to ask for a lawyer and then be quiet! If you talk after asking for a lawyer, that can still be used against you in court. Don’t give the police an inch.

6. Police can lie. This is not a derogatory statement against law enforcement; it’s just a fact. The police can tell you that they have DNA evidence against you or that they found 100 kilos of cocaine in your house. But you can’t trust them. They can say almost anything to you, and your reaction is what really counts in court. They could also say that your buddy just rolled on you in the room next door, but you can’t verify if that’s true. The bottom line here: don’t talk.

7. You will be searched. When you are arrested, the police will perform a search incident to arrest. They can search your person and any areas within your immediate control. They’re basically looking for weapons and other contraband that could endanger the officers. But what else they can search isn’t always clear. Without other doctrines being triggered, the police can’t search nearby rooms or inside your seized bags.

8. Stay calm and don’t react. Given that the police might search you, it is a good idea to let them have it their way. Hiding your hands inside pockets, or making a sudden movement to reach something are examples of what you should avoid. Needless to say you should never try to fight or put your hands on a police officer as well.

9. Stay in your house. If the police have probable cause that you committed a felony, they can arrest you on the spot – if you are in public. But if you are in your home, the police need an arrest warrant. This means they must convince a judge that probable cause exists that you committed the crime in question. If the police come up to your door, it might be a good idea to stay in the house. This gives you a little extra protection against an invalid arrest.

10. Don’t refuse an alcohol test. This final point obviously only applies to drunk driving charges. You have the right to refuse to take a blood, urine, or breath alcohol test. But most states have implied consent laws that you need to be aware of. Under these laws, you will automatically forfeit your driver’s license for several months if you refuse to take the test. If you’re not drunk, take the test. If you are drunk, you’re in a pinch. You might as well take the test.

11. Don’t run. The biggest mistake a person can make is to resist arrest or run. Nothing says “guilt” quite like running from the cops. After all, what does an innocent guy have to fear? Maybe you have good reasons to fear authority figures—especially those with guns—but it still looks like you’re guilty to everyone else. And when the police inevitably catch you, you’ll just be facing an additional charge: resisting arrest.
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So basically, remember that you have a right to say “I’m going to remain silent and I’d like to see a lawyer.” And as long as that is all you say, you’re in compliance with the law and the attorneys suss it all out later.  Or better yet, make wise choices and stay out of trouble.

RELATED:  Lawyer Argues Police Have No Right To Stop You At DUI Checkpoints

*Update The Supreme Court just took away your right to remain silent

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