encounters with law enforcement
The best way to handle encounters with law enforcement is to take the necessary steps to reduce the chance that an encounter will occur in the first place. However, if you are confronted by a law enforcement officer you should follow this three step procedure:
Step 1 – Determine if you are free to leave by saying: “Am I free to leave?”
In order to detain you, the police must have “reasonable suspicion” that you are involved in a crime. If they say you are free to leave you should leave immediately, without saying anything else.
Step 2 – If you are not free to leave say: “I’m going to remain silent and I would like to see a lawyer.”
The Fifth Amendment to the U.S. Constitution says that no one “shall be compelled in any criminal case to be a witness against himself.” Therefore, you cannot be forced to talk. In order to exercise this right, you must actually remain silent. This means no small talk, no questions, no jokes, only silence. The only exception is that you must give your name and your address when asked.
Remaining silent is easier said than done because it is human nature to try and talk yourself out of trouble and to cooperate with authorities. It takes self control (and practice) to exercise your right to remain silent. However, doing so is the most important thing you can do to help yourself in this situation.
In Escobedo v. Illinois, 378 U.S. 478 (1964), the United States Supreme Court held that criminal suspects have a right to counsel during police interrogations under the Sixth Amendment. If the suspect asserts is or her right to counsel; the police must immediately stop the interrogation and they cannot resume the interrogation unless an attorney is present or the suspect re-initiates contact.
Step 3 – If the police ask (or begin) to look through your belongings say: “I do not consent to a search.”
This will make it clear that you are not giving the police your permission to search. Surprisingly, the vast majority of searches (which result in finding unlawful things) are conducted with the consent of the defendant.
These steps are listed to help you protect yourself in the case of an encounter with law enforcement. Always remember, the best thing you can do for yourself is to do everything in your power to avoid an encounter in the first place.
If you have been accused of a crime, questioned by the police or been subject to a search of your possessions, I can give you sound legal advice.
~ Dan Koukol, Criminal Defense Attorney
