Knowing your rights isn’t just about avoiding a criminal charge.

It is about winning your case if you get charged anyway.

Let us say that again: knowing your rights isn’t just about avoiding a criminal charge. It is about winning your case if you get charged anyway. The most common reasons that people choose not to exercise their rights is because either they don’t know what their rights are or because they don’t believe it will help. People think that if they cooperate and admit that they have drugs or weapons, that the police will “take it easy” on them. There is absolutely no reason to believe that this is true.

Why shouldn’t I consent to searches?

If you were stopped, searched, or arrested unlawfully, anything illegal that the police find might get “suppressed” and your case could get thrown out. The problem is that if you consent to search, the police are allowed to search you even if they don’t have probable cause. That means that when there is no probable cause, we might have been able to win your case but for the fact that you gave the police consent to search. You can always tell the officer that you are not consenting to any searches, but if an officer tries to search you anyway, do not try to physically prevent the officer from searching. If you were searched unlawfully and did not consent, a defense attorney can help you get your case dismissed. You do not want to get charged with resisting a public officer for trying to prevent a search physically. If you are charged and arrested with resist, the police may be able to search you anyway because of the arrest and all of your denying consent will have been for nothing. If you need a polite way to do it, just say, “officer, I am not physically resisting, but I am not consenting to any searches of any kind.”

If the police already found the contraband, why should I ask for a lawyer before answering questions?

Many people figure that if the police have found a gun or drugs in their vehicle that they might as well admit to everything. Just because the police have found something illegal doesn’t mean that you are guilty of possessing that item. The prosecutor has to actually prove possession and it isn’t illegal just to be in the same car as contraband if you aren’t possessing it. There may still be ways to fight your case if you don’t admit to ownership. You always have the right to request an attorney before answering any questions. If you need a polite way to do it, just say, “officer, I am happy to cooperate with you, but I would like to speak with an attorney before answering any questions.”

Why should I ask “am I being detained or am I free to leave?”

You don’t just have the right to remain silent or be free from unreasonable searches. You also have the right to be free from unreasonable detentions. The police may only detain you if they have reasonable suspicion that you have committed a crime and even then, they can only detain you long enough to further investigate for those specific reasons. Furthermore, they can not arrest you without probable cause. They can, however, talk to you for however long if this is a “consensual encounter.” Your attorney will be better able to show a judge that you were unlawfully detained if you ask the police to clarify whether they are detaining you or whether you are free to go. If you need a polite way to do it, just say, “officer, am I being detained or am I free to leave?”