Arrests and Interrogations
Contents
- 1 Arrests and Interrogations
- 1.1 The Arrest Process
- 1.2 Your Miranda Rights
- 1.3 Right to Remain Silent
- 1.4 Don’t Consent to Searches
- 1.5 Right to an Attorney
- 1.6 Don’t Resist Arrest
- 1.7 Police Interrogation Techniques
- 1.8 Avoid Idle Chitchat
- 1.9 Assert Your Right to a Phone Call
- 1.10 Don’t Fall for “Off the Record” Tricks
- 1.11 Note the Time
- 1.12 Obtain the Officers’ Names
- 1.13 Ask for Medical Attention if Needed
- 1.14 Avoid Discussing Your Case
- 1.15 Request a Lineup if Mistaken Identity
- 1.16 Invoke Your Rights Again Before Additional Questioning
- 1.17 The Bottom Line
- 1.18 References
Arrests and Interrogations
Getting arrested can be a disorienting experience full of uncertainty about your rights and how to protect yourself. Understanding the procedures around arrests and the tactics police use during interrogations is key to safely navigating these situations.
The Arrest Process
A typical arrest involves these steps:
- Police stop or detain you based on reasonable suspicion or probable cause that you committed a crime.
- You are handcuffed and told you are under arrest.
- Police search you for weapons and contraband.
- You are transported to the police station for booking.
- During booking, you are fingerprinted, photographed, and background information is gathered.
- Police may question you, or you may be held until further proceedings.
Understanding each phase of an arrest helps ensure your rights are protected throughout the process.
Your Miranda Rights
Before police can interrogate you about suspected crimes, they must read you your Miranda rights:
- You have the right to remain silent.
- Anything you say can be used against you.
- You have the right to an attorney during questioning.
- If you cannot afford an attorney, one will be appointed.
Knowing these key rights is essential to avoid self-incrimination during questioning.
Right to Remain Silent
You always have the right to refuse to answer police questions, even if you are under arrest. Tell officers politely but firmly:
“I am exercising my right to remain silent.”
Anything you say to police can potentially be used to build a case against you, so silence protects your rights.
Don’t Consent to Searches
Police may ask to search you, your car, or belongings during an arrest. Be aware you have the right to refuse consent for any search requests. Calmly state:
“I do not consent to any searches.”
If police have a valid warrant, they can legally search regardless. But never voluntarily consent to a search.
Right to an Attorney
After invoking your right to silence, clearly request to speak with an attorney immediately. Be firm and unambiguous:
“I will not answer any questions without an attorney present.”
An attorney can stop questioning if it becomes coercive and advise you on whether to answer certain questions.
Don’t Resist Arrest
Physically resisting arrest, even if you believe it is unjustified, can lead to criminal charges like resisting arrest or assaulting an officer. Simply state:
“I do not consent to this arrest, but I will not physically resist.”
Your defense should be in court later with your attorney, not on the street.
Police Interrogation Techniques
Common interrogation tactics police use include:
- Good cop/bad cop routines
- Lying about evidence against you
- Minimizing the charges to get you talking
- Promising leniency for cooperating
- Intimidation and aggression
That’s why remaining silent and requesting counsel are so important. Police are gathering evidence, not being your friend.
Avoid Idle Chitchat
Don’t let casual small talk progress into questioning without your attorney. Be polite but firm:
“I will not be answering any questions today.”
Anything you say can be used against you, even casual remarks made before formal questioning.
Assert Your Right to a Phone Call
After an arrest, you have the right to make a local phone call to contact an attorney, family member, or friend. Insist on this right:
“I would like to make my phone call now please.”
Police may try to delay this, but be politely persistent until allowed to make the call.
Don’t Fall for “Off the Record” Tricks
Police may act friendly and promise comments are “off the record” to get you talking informally. Remain silent and reiterate:
“I will not answer any questions without my lawyer present.”
Nothing you say is ever really off the record. The only safe approach is to say nothing at all without counsel.
Note the Time
Pay close attention to time if possible. Note:
- When you were arrested.
- When questioning started and ended.
- Time between questioning sessions.
- When you were allowed to make a phone call.
Documenting the timing of events can help establish violations of your rights later.
Obtain the Officers’ Names
Try to get the full names and badge numbers of all officers involved, including those who:
- Arrested you
- Transported you
- Interrogated you
- Processed you
This identifies those potentially involved if police acted inappropriately.
Ask for Medical Attention if Needed
Don’t hesitate to request medical assistance if injured or mistreated during arrest and request to be taken to a hospital. Document any use of excessive force.
Avoid Discussing Your Case
While in holding cells, avoid discussing your case with other detainees. Assume undercover officers are listening to conversations between detainees.
Request a Lineup if Mistaken Identity
If police have the wrong person, demand a lineup to demonstrate the mistake. Refusing a lineup request looks suspicious if identity is disputed.
Invoke Your Rights Again Before Additional Questioning
Before any additional interrogations, re-invoke your rights:
“I want to reassert my right to remain silent and have my attorney present.”
Don’t assume your rights still apply – re-invoke them to be safe.
The Bottom Line
Arrests and interrogations can be intimidating, but understanding your rights is empowering. Polite firmness about remaining silent, wanting counsel, and not consenting to searches provides the best protection.