Jail 101: Some Things To Know Before You Go

If the police don’t read my rights, can my case be dismissed?		No, not necessarily. We have all heard the "rights" being read to many suspects on television and in the movies, and this has caused some confusion. The police officer does not have to read anybody their "rights" unless that officer wants to get a statement or confession from a suspect. If the officer does not want to record what you have to say and use it against you, he does not have to read you your rights. However, if the officer wants to ask you some questions other than your name and address, he must advise you that you don’t have to answer his questions, that if you do, anything you say can be used against you and that you have a right to a lawyer before you answer any questions. It is amazing how many people will answer the officer’s questions in some vain attempt to cooperate which gives their defense attorney headaches trying to defend the case later on.
If I am ever arrested, what should I not do?		If you are ever arrested, it is our general recommendation to politely but firmly say, "I want to speak to an attorney. I do not want to answer any questions until I speak to an attorney." Repeat this to everyone who asks you any questions. The police may say, "You'll feel better if you tell me about it"? While you might feel better for a moment, after several years in prison you won't think it was such a good idea to "get it off your chest".
What if the police make me an offer?		If you are arrested, the police may start to make you promises or offer you a deal, by saying things such as "You're not the one we are after, but you'll be the one in real trouble unless you tell us what happened now." Sometimes they are being truthful, but sometimes they are not. Also, it is only the prosecutor who can make a "deal". It is wise to say "Please talk about that with my attorney" and NOTHING MORE. Your attorney is better at negotiating with the police than you are, what s/he says can't NOT be used against YOU. Further, your attorney can turn meaningless "promises by the police" into binding legal agreements with the prosecutor, perhaps obtaining immunity for you.
What is search or seizure?		The Fourth Amendment to the federal Constitution gives people a right to be secure in their homes from unreasonable government searches. The question of what is unreasonable is the subject of many books and ongoing argument. However, it is clear that the police cannot search a person’s home without a warrant. A warrant is a piece of paper signed by a judge that describes the place to be searched and the people or things that can be seized. A judge makes a decision to sign a warrant after hearing from someone, usually a police officer, sufficient reasons why the warrant should be issued. The judge must be convinced that there is probable cause to believe that the warrant should be issued. There are many exceptions to this general rule.
		The rules surrounding searches and seizure may also apply to cars, offices, and individuals walking down a street. However, once a person is not in their home, the expectation of privacy is diminished and police are permitted to do more things; that is, the rules protecting the individual are relaxed. There are numerous exceptions to the general rule protecting people from unreasonable searches when a person is not in their home.
What if the search and seizure are not legal?		In many circumstances, but not all, the evidence obtained, and the evidence later gathered as a result ("fruits of the poisonous tree") may not be admissible in court against you. This is a highly complex and ever changing field of law, so you should always consult an experienced criminal lawyer in your locale on such issues. The answer in one state may not be true for another state.
What if I am arrested after an illegal search?		Sometimes, after a person is charged with a crime, an attorney can prepare and file a motion to suppress evidence. In general, this type of motion will attempt to show the court that the manner in which the evidence was seized was in violation of the constitution. If the lawyer can successfully convince the judge that the evidence against you was illegally obtained, then the judge has the authority to suppress or throw out whatever evidence the State may have against you. However, even where evidence may have been illegally seized, there is no guarantee that the judge will suppress it as there are many exceptions to this rule as well. For example, if the police can show that they acted in good faith when they violated your rights, the judge may excuse their conduct and allow the evidence to stay in and be used against you.
Can the police get a warrant if someone told them I was doing something illegal?		Yes. These people are called confidential informants, tipsters and/or snitches. There are many rules surrounding the "tip" from another person. Again, rules vary from state to state and change over time but the general rule that assists most judges is how reliable or honest an informant may be. The informant’s reliability or credibility is determined by many things; the same criteria you may use in your own life to decide if someone is believable or not. For example, has this person given information before that was relied upon? Has this person given other information about the present crime that has turned out to be true? Some of the most credible informants however, are "citizen informants", just ordinary bystanders who happened to witness a crime or actions that are highly suspicious of criminal activity, such as a neighbor noticing that stoned looking people come and go at all hours and in high volume to and from your home.
Can the police ever search me without a warrant?		Yes. There are numerous circumstances under which a search may lawfully be made without a warrant. Some general areas of exception where a search can be made without a warrant are: (a) if the safety of the police officer is involved, (b) whether the police are in "hot pursuit" of a criminal, (c) when they see illegal evidence in plain view from a place they have a right to be, (d) if they are doing temporary questioning, (e) if a person consents to being searched, (f) if they have made a lawful arrest, or (g) if they have reasonable cause to believe they must enter a home, building or vehicle without a warrant because someone inside is in danger.
Do the police need a warrant to arrest me?		No. An arrest by a police officer without a warrant is proper if the officer has reasonable grounds to believe that you have committed a crime.
What is an interrogation?		An interrogation is where the police ask questions with the purpose of getting information about a crime from a suspect or a witness. If a person is “in custody”, then the police must give Miranda warnings; i.e., “read you your rights” before they can interrogate. The point of reading people their rights is to make sure any statements/confessions (answers to the police questions) are voluntary. In other words, the person in custody is answering police questions because he wants to, not because he is being threatened, coerced or beaten up. However, the question of when a person is “in custody” is not always clear. “In custody” does not always mean “under arrest”. Another way to think about whether a person is in custody is whether their movement /freedom is restricted in any way. The main point to remember about interrogations is that you never have to answer the police officers’ questions, no matter what they say or how they try to convince you it will help you to cooperate.