Bakersfield DUI Defense Attorney
When On a Cold and Lonely Night . . . You Feel the Warmth of Those Red Lights.
An Overview of Law Enforcement and You
Law enforcement officers have a mission. Their primary mission is to arrest people and collect evidence to convict people of infractions, misdemeanors and felonies. They are trained professionals and very good at what they do.
Often people contacted by law enforcement are not experienced at being arrested and do things that can help convict themselves. Below are listed some of the most frequent. Keep in mind there is no such thing as the 'proper' way dealing with law enforcement. Each situation is different. What is written below is not meant to be legal advice or advice on what to do in any particular situation.
GIVING MORE INFORMATION THAN IS REQUIRED
When you are contacted by law enforcement you are required to identify yourself and answer questions about your identity, such as where you live, when and where you were born. If you are driving you are required to provide proof of insurance. You are required to do what the officer tells you do that is lawfully required for his personal safety.
You are not required to answer questions about whom you are with, where you are going, where you have been, or if you are carrying drugs. You are not required to tell officers if you have an arrest record or where you are employed. You need not be rude to the officer. "I don't wish to answer any questions at this time" said politely is all that is necessary.
If the officer searches you or your vehicle you are not required to answer any questions about what the officer finds. If the officer finds money do not have to explain where you got the money.
Whether or not to answer police questions (other than identity) is a judgment call made by an individual given his or her set of circumstances. For instance a person may want to answer questions about things that could endanger the officer(s) or others. For example if the officer asks if the are any objects that could poke him or her in your pockets. Another example would be if you had something dangerous on your person or in the place to be searched like dangerous animals or explosives.
It is a crime to knowingly give false information to a law enforcement officer. Also, beware; if you make a false statement to police, that statement can later be used against you to make you appear guilty. And something else to keep in mind: Too many times my client's have told me that the police misquoted them. What you do not say cannot be misquoted.
Lastly remember this. Police are trained and experienced interrogators. When you have been arrested they are focusing that training and experience on you. In most cases it is lawful for law enforcement to lie to you to get you to talk with them. They can tell you they have evidence they don't have. They can say they have witnesses they don't have. They can tell you they have DNA and other forensic evidence they don't have. Once you are arrested and ask for an attorney all questioning must stop. Remember, generally the best time to stop the questioning is before it starts. Ask for an attorney at the beginning of the interrogation. All conversations you have with law enforcement are interrogations, whether before or after arrest. Generally, there is no such thing as an 'off the record' conversation with law enforcement. If, after talking with your attorney, you decide you want to talk to police you can.
CONSENT TO WARRANTLESS SEARCHES
The United States Constitution Fourth Amendment protects people from warrantless searches and other searches, whether there is a search warrant or not, that are not based upon probable cause. If the search was unlawful the evidence found can be suppressed and not used against you.
Determining whether a search is legal or not is difficult for an experienced attorney or judge, much less the ordinary person confronted by a law enforcement officer(s) who wishes to search them. The simple truth is this: Most of the time if law enforcement wants to search you or your effects they are going to do it. You cannot control what they do. What you can control is whether you give your consent for that search. Consent is when law enforcement officer(s) ask you if they look can through your purse, wallet, car, home or office and you say or nod "YES". If you consent to the search, most legal arguments against that search go right out the window and make it harder to defend you.
Legally one can rarely, if ever be forced to give consent to a search. You must not interfere with law enforcement officers who are conducting a search, even if the search turns out later to be unlawful. Nonetheless, law enforcement officers will search or not search as they wish, but they cannot force you give them permission. It is up to your good judgment whether to give them such permission. Just remember that if you give consent, chances are that I will not be able to successfully argue later that your Fourth Amendment rights were violated and that the evidence found be suppressed.
DON'T WASTE YOUR TIME WITH:
- Attorneys Who Don't Take Your Call
- Appearing in Court
- Calling the Court
- Attorneys Who Don't Get Results
