You may think you know what to do when stopped by the police. But when it actually happens to you, nine times out of ten your mind goes blank. COPWATCH came up with a few situations that you might not be so sure about, and here present for your benefit our latest
Although COPWATCH does not condone illegal activity, we recognize that those who break the law still have rights.
A security guard at a grocery store catches you shoplifting and calls the police. Officer Bertauche arrives and, without reading you your rights, handcuffs you. You tell him that you want a lawyer. Bertauche responds, "You'll talk to a lawyer when I'm good and ready." He puts you in the police car and drives around town for two hours before taking you to the station. After you are placed in a holding cell, another police officer enters and says that you will get off easier if you confess now.
A. Can the security guard detain you? Can he search you?B. Can Bertauche determine when you will be allowed to talk to a lawyer? How soon after arrest can you talk to a lawyer?
C. Is Bertauche legally required to read you your rights when you're arrested?
D. If your rights are not read to you, can what you say still be used against you?
E. Can Bertauche drive around for two hours before taking you to the police station?
F. Should you confess to the police officer in the holding cell?
A. YES. If the security guard has probable cause to believe that you are attempting to steal, he can detain you and search your belongings. However, the guard can only search your bags or other property. He cannot search the clothes you are wearing or your body. Guards can search you regardless of probable cause if you give consent. Clearly state out loud that you do not consent.
B. NO. You have the right to three phone calls within three hours of arrest, and you should use at least one of them to talk to a lawyer. You have the right to an attorney before you plead. If you can afford a private attorney, he or she can probably get in to see you soon after you are booked. If you are assigned a public defender, you may not see him or her until you go to court.
C. NOT ALWAYS. Police only have to read you your rights when (a) you are under arrest, and (b) they want to ask you questions. However, you have the right to remain silent whether they tell you so or not.
D. YES. If a police officer does not arrest you but does ask you questions, what you say can be used against you. If an officer arrests you but does not ask you questions, and you voluntarily say something, what you say can be be used against you. The only time what you say cannot be used against you is when a cop arrests you and then asks you questions without reading your rights. Security guards are not required to read you your rights, so anything you say to them at any time can be used against you.
E. YES. Delay in booking does not affect the validity of the arrest. Booking is not considered an actual part of the arrest process, simply the administrative task that follows an arrest. However, the cop would be violating your rights if he drove around for more than three hours without allowing you phone calls (although an unavoidable delay would likely be an exception).
F. NO. Don't be fooled by the police officer telling you that you will get off easier by confessing. Tell the officer that you want to remain silent and that you want a lawyer.