Many of us are law abiding citizens and so the idea that we would have to deal with cops for any other reason, other than calling about an emergency situation, seems almost foreign, but it can happen, and because of this lack of interaction, a lot of very innocent people get caught up in some pretty bad situations because they do not know their rights and what cops can and can't do inside of an interrogation. Add to that the vast number of people who've seen some cop show on tv and think, that's how it goes in there, when the reality can be a lot different, much to their chagrin.
1. Questioned at the scene of a crime or about a crime
Legally, if a cop asks you for information to help answer some questions about a crime, at most you may have to present your ID and be truthful about your identity. In theory truthful about any questions you are answering too, but that aside you do not have to answer any questions especially if you are NOT under arrest for anything. You are merely encouraged to answer questions to aid in finding justice, but if you don't say anything, you have the "right of silence." If you do lie however, and it comes back to you, you could be charged with obstructing justice.
2. You have a right to remain silent
EXERCISE THIS RIGHT! We know the speech, "You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?" Take it to heart. It is not just something cops have to say, and they do have to say it if they are arresting you, but it is something that is put in place to protect you, John Q citizen from self incrimination. Don't talk to the cops!
3. The ride to the station
Imagine you've been picked up and read your rights, and you're on the way to the station. Mid ride, the cop in the passenger seat turns to you and starts speaking to you in a gentle voice. "Someone like you should not be riding with us in this car. We hate to do paperwork and stuff like anyone else at their job. Do you want to save us the hassle and just let us know what happened out there. If you do, we can just walk you straight in, you won't have to sit with other criminals, and we can fill out some release papers, and you'll be out of here." BULLSH*T! There are cameras inside of police vehicles, and you've already told the cops you understood your rights, and cops act as witness, so if you start talking in that police car, guess what, that's evidence that can...and will...be used against you. Don't talk to the cops!
4. Being Interrogated
Just as in the ride to the station, ALL interrogation rooms and waiting rooms in police stations have cameras. NEVER believe any cop that tells you, hey you can be honest with me, I'm going to turn off these cameras, because they are 100% lying and 100% allowed to lie to you in that room in efforts to get you to incriminate yourself or others. Repeatedly ask for your right to an attorney and assert that you are remaining silent. Even the worst public defender can probably help you some if you don't talk, but once your gums start flapping, all of it is evidence.
5. Poor Memory
If you ask me what I had for lunch on last Wednesday, I have no clue. I mean I think it was a bowl of soup and an orange and some water, but I can't be too sure. Now imagine someone asking you to recall what you said a month ago, 3 months ago, 6 months ago? Who can remember 100% what they did and said that long ago, let alone a week or a few hours ago under duress which is what you'll most likely be under if you're interrogated. This is again why you need to exercise that right to silence no matter how long they have you sitting under the hot lights with no food or drink. If you said you went out at 8pm that night, and now you're saying it was 8:30, that's "evidence of you lying." Once you "lie" about one thing, then what else are you lying about, will say the attorney in court against you. Also DO NOT sign anything without your lawyer present. If they ask you to write down your confession, don't do that especially if you aren't guilty of anything. Don't talk to the cops!
5. Plea Deals
Again, cops ARE allowed to lie to you in order to get evidence or confessions from you. They can tell you we have your friend next door who's told us everything, they can say we have you on camera committing the crime, they can say they have a witness, they can lie about possible sentences you may get if you aren't truthful, and worst of all for you, they can lie about their ability to get you a plea deal. "Hey, if you tell us the truth, we can probably get your sentence down to like 6 months or no jail time." BULLSH*T. Cops DO NOT have the legal ability to strike plea deals with you, but they CAN tell you they do in order to get you to incriminate yourself. Only a lawyer can work out a deal with you, so you guessed it, don't talk to the cops!
6. They've got nothing
If you are in the interrogation room singing like a canary, keep in mind, the cops may literally have nothing on you, but still have reasonable suspicion that you were involved somehow. When they have no evidence it's their job to get evidence and if you are just going on and on, you may be inadvertently giving them what they need to further detain you. Shut-up, save yourself, and don't talk to the cops.
7. Refuse Testing and searches
People often think that if they are not guilty, they should have no problem doing any sort of testing out in the field, or having their vehicle searched, etc. Refuse any physical or chemical test (such as a polygraph “lie detector,” breathalyzer, intoxilizer, field sobriety tests or physical performance tests such as walking a straight line or making other movements, the look-at-the-pen test, or mental ability tests like reciting the alphabet or doing math), until you can talk to your lawyer. Refuse to have your vehicle searched because cops may find "something" in there that may somehow supposedly link back to the crime or unscrupulous cops may be willing to plant evidence in desperation; rare, but it happens. *Note: you may not refuse a search of your vehicle or home with a warrant present or if officers have sufficient evidence you were involved in the process of a crime, i.e., you're riding in a stolen vehicle or your passenger is a verified suspect in a crime.
8. Don't Talk to the Cops!
Even if you are 100% innocent of any crime, don't give police anything that could somehow be turned back against you just because you opened your mouth to say something without a lawyer present. A lawyers job is to navigate the quagmires of the legal system for you so you don't have to try to figure them out. Don't say anything, don't sign anything, don't look at a line up, or do any testing of your person without your lawyer there. Make especially sure that if you have children, they know these rules too because cops use the same scary tactics on kids who are even more vulnerable, that they do on adults if it gets them the evidence they need.
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