Arrest and interrogations

[bigkarch]

Arrests and Interrogations FAQ...page one

TAKE TIME TO READ THIS....IT MAY BE BORING AND LONG, BUT IT IS YOUR RIGHTS AND INFORMATIONAL.........THKS

An arrest occurs when a police officer armed with an arrest warrant utters the magic words "you're under arrest," or when a police officer significantly restrains your freedom of motion. The restraint must be more than a mere detention on the street (discussed above). Although in most situations the police will take you to the police station for booking (photographs and fingerprinting), it is also possible for an officer to arrest and book you at the crime scene, and then release you when you give a written promise to appear in court at a later time. After the police arrest you, they will often question you in order to find out more about the crime, your role in it and whether there may be other suspects. There are several Constitutional protections that you may invoke during police interrogations.

Can a person who is charged with a crime be forced to give bodily samples?

Yes. You might think that being forced to give bodily samples-such as blood, hair or fingernail clippings-is a violation of the U.S. Constitution's protection against self- incrimination, found in the Fifth Amendment. But the U.S. Supreme Court thinks otherwise. It has ruled that the Fifth Amendment protects communications only, and that bodily samples are physical evidence and therefore not covered by the Constitution.

When do the police need a warrant to make an arrest?

As long as the police have good reason (called "probable cause") to believe that a crime has been committed and that the person they want to arrest committed the crime, they can, with just one exception, make an arrest without asking a judge for a warrant.

The exception? There are few places where the adage "a man's home is his castle" still applies, and an arrest at home is one of them. The police must have a warrant to arrest a person at home if the arrest is for a nonserious offense-such as a simple assault-and there is no fear that the person they want to arrest will destroy evidence or cause harm to the public.

How do the police obtain an arrest warrant?

An officer must present sworn evidence to a judge that a crime has occurred and that the police have probable cause to believe that the crime was committed by the person they want to arrest. If the judge agrees, she will issue a warrant. The police are then entitled to seize the person wherever they can find him.

If the police make an illegal arrest, is the arrested person set free?

No. But if a search of the person or her immediate surroundings is conducted during the arrest and turns up incriminating evidence, the evidence may be kept out of the person's trial on the grounds that it is "fruit of the poisonous tree"-that is, the evidence was found as the result of an improper arrest. Also, if the illegally arrested person makes any statements to the police after being arrested, the statements may not be used as evidence. This is true whether or not the arrested person was "read their rights." (See below.)

If I'm arrested, do the police have to "read me my rights?"

No. However, if they don't read you your rights, they can't use anything you say as evidence against you at trial. What are these rights? Popularly known as the Miranda warning (ordered by the U.S. Supreme Court in Miranda v. Arizona), your rights consist of the familiar litany invoked by T.V. police immediately upon arresting a suspect:

You have the right to remain silent.
If you do say anything, what you say can be used against you in a court of law.
You have the right to consult with a lawyer and have that lawyer present during any questioning.
If you cannot afford a lawyer, one will be appointed for you if you so desire.
If you choose to talk to the police officer, you have the right to stop the interview at any time. (This part of the warning is usually omitted from the screenplay.)
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[bigkarch]

page two........



It doesn't matter whether an interrogation occurs in a jail or at the scene of a crime, on a busy downtown street or in the middle of an open field: If you are in custody (deprived of your freedom of action in any significant way), the police must give a Miranda warning if they want to question you and use your answers as evidence at trial. If you are not in police custody, however, no Miranda warning is required. This exception most often comes up when the police stop someone on the street to question them about a recent crime and the person blurts out a confession before the police have an opportunity to deliver the warning.

Will a judge dismiss my case if I was questioned without a Miranda warning?

No. Many people mistakenly believe that a case will be thrown out of court if the police fail to give Miranda warnings to the arrested person. What Miranda actually says is that a warning is necessary if the police interrogate a suspect and want to use any of her responses as evidence. If the police fail to give you a Miranda warning, nothing you say in response to the questioning can be used as evidence to convict you. In addition, under the "fruit of the poisonous tree" rule, if the police find evidence as a result of an interrogation that violates the Miranda rule, that evidence is also inadmissible at trial. For example, if you tell the police where a weapon is hidden and it turns out that you gave this information in response to improper questioning, the police will not be able to use the weapon as evidence unless the police can prove that they would have found the weapon without your statements.

What's the best way to assert my right to remain silent if I am being questioned by the police?

If you're taken into custody by the police, you don't have to use any magic words to let police officers know that you want to remain silent. You can simply say nothing in response to police questions. Or, after an officer gives you a Miranda warning, you can stop the questioning by saying something like:

I want to talk to an attorney.
I won't say anything until I talk to an attorney.
I don't have anything to say.
I don't want to talk to you anymore.
I claim my Miranda rights.
If the police continue to question you after you have asserted your right to remain silent, they have violated Miranda. As a result, anything you say after that point -- and any evidence gleaned from that conversation-will not be admissible at your trial.

How heavy handed can the police get when asking questions?

Information that you voluntarily disclose to a police officer (after you have been properly warned) is generally admissible at trial. The key word is "voluntary." Police officers are not allowed to use physical force or psychological coercion to get you to talk to them. The days of the rubber hose, protracted grilling under bright lights and severe sleep deprivation are pretty much over. If police officers obtain information through any of these illegal means, the information cannot be used by the prosecutor at trial. In addition, under the rule known as "the fruit of the poisonous tree," any evidence that the police obtain as the result of a coerced statement is equally inadmissible.

Defendants often claim that police officers coerced them into talking. And it's just as common for police officers to say that the defendants spoke voluntarily. If the police physically coerce a defendant into talking, the defendant can support his coercion claims with photos of marks and bruises. But actual police brutality is unusual, and a defendant cannot usually offer independent evidence to support his claims of psychological coercion. Judges, believing that defendants have a greater motivation to lie than do police officers, usually side with the police and conclude that no coercion took place.
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[Growinboy]

Body samples- In many states, if you have a valid drivers license in that state, you give implied consent for testing of blood and urine if you are involved in a traffic offense- specifically if you are unconscious. (Dont pass out if youre drunk and rear end someone!)

Simple arrest warrants- If the warrant is just for you or someone else at your home, just dont even open the door. The police cant come in unless they suspect a crime is being committed inside or if the warrant specifically allows them entry (harder to get). Then again, if you have a home lab, and cops have a warrant for you for a traffic ticket, go take care of the thing immediately to avoid scrutiny of your home!

[Forkin Luzr]

I have a colleague who is a criminal defense attorney. He has one golden rule. SAY NOTHING! He says he spends more time trying to dig people out of the hole they dug trying to explain their innocence than anything else. The police are not your friends come questioning and arrest time. He says there is only one question you should ask. Am I under arrest? And if the answer is no, then say, I'm sorry, but I have an engagement and need to be going, they know where to reach you. If the answer is yes, shut up and wait until you have an attorney by your side. If you are being "detained" while they decide whether you are going to be arrested or not, assume you're going to be arrested and shut up until you have an attorney by your side. Just 2cents from someone who does this for a living.

[dynomit29]

good advice

[sativalover]

.............

[boxer2217]

Good info thanks for the time.

[Snachito]

Originally Posted by Forkin Luzr

I have a colleague who is a criminal defense attorney. He has one golden rule. SAY NOTHING! He says he spends more time trying to dig people out of the hole they dug trying to explain their innocence than anything else. The police are not your friends come questioning and arrest time. He says there is only one question you should ask. Am I under arrest? And if the answer is no, then say, I'm sorry, but I have an engagement and need to be going, they know where to reach you. If the answer is yes, shut up and wait until you have an attorney by your side. If you are being "detained" while they decide whether you are going to be arrested or not, assume you're going to be arrested and shut up until you have an attorney by your side. Just 2cents from someone who does this for a living.

All the info in this thread is AWSOME!!! And Forkin Luzr this is right on brother!!!

If anybody here has ever been arrested it is probably one of the scariest things you could ever go through, as you are tired, hungry, frustrated and need to take a shit, but LE loves to play little games with all your needs!!

LE: Come on buddy we know you're hungry and tired so the faster you let us know who, what, when and where the faster you can go home to your warm bed, food, personal toilet, etc!!! We are here to help you and know you are innocent so let us help you get home.....

alleged perp: Really you will help me get home if I tell you everything?

LE: Of course you have my word *crossing fingers behind the back* just let us know what happened and then sign right here, then you will be as free as a jay bird!!

WRONG!!! WRONG!!! WRONG!!!!

LE: Come on buddy we know you're hungry and tired so the faster you let us know who, what, when and where the faster you can go home to your
warm bed, food, personal toilet, etc!!

Alleged Perp: I WANT MY LAWYER!!

CORRECT RESPONSE!!!

Everyone has to remember LE are one of best (Maybe second only to women) psychological head players in the game and will lie, twist, mislead, trick, threaten and sometimes coherce you into spilling your guts.

Whether they act like your best friend or scare you with throwin you in jail with Tyrone the serial butt rapist for the next 8 years, they will do/say just about anything to get you to talk, so it's in your best interest to just call your lawer to get you out.

The key words in all this: Patience and perseverance as it will take a while for you to get sprung, but once you are out you know you stuck to your guns, stayed silent, so your lawyer can do his magic to make the charges disappear with minimal damage done to you!!

[Willieman]

thanks bigk!!

[carolinasown]

My attorney has told me, he spends more time trying to undo what the client has said to LE than anything. It is scary, but the least said the better.

LE--we DO still have some rights! Not many though!