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I know this will never apply to many of the people reading this, however these are good things to know. You just never know what situation you may find yourself in, it is always better to be prepared.

We all have this glorified perception of how things are suppose to work/operate when we come into contact with cops, police, officers, popos etc. So many people believe that officers will approach you, read you your rights and you will suddenly have an attorney by your side. However this is not the case. We all know we have the right to remain silent and that everything we say can and will be used against us. It is so important to remember EVERYTHING you say can and will be used AGAINST you. They will use what you are saying AGAINST YOU. Attorneys and officers are especially good at twisting your intent and meaning, so here the a big tip: “Don’t say anything.”

This is easier said than done, being questioned is very intimidating and our first reaction is to be cooperative. Just remember to be calm…whether it is in your home, you got pulled over, or it is somewhere random. You will not be read your rights until you are in custody. You may feel like you can leave or the officers have control over you be custody is a very specific fine line. You are not considered to be ‘in custody’ on the street, in your face questioning, car stops, investigatory visits to homes or offices, and telephone conversations.

Tips:
1. You can be stopped anywhere in public even if they do not suspect you of wrong doing.
2. They can ask to search you or objects in your possession – you have the right to deny.
3. In some states it is required by law to produce identification when asked, no matter the circumstances.
4. You can walk away from an officer questioning you. They can only detain you if they have ‘probable cause’ or ‘reasonable suspicion’ to conduct a ‘stop and frisk.’ Obviously we do not know what information or belief the officer has so try asking “Officer, I am in a hurry, and I would prefer not to talk to you right now. You won’t try to stop me from leaving right?” They will either tell you at the point whether you are free to leave or not.
5. Even if you start talking and answering questions you can always stop.
6. If you get pulled over and they ask you if you have been drinking always say, “No.” This will give them probable cause to conduct field sobriety tests. However, you may still be subject based on your driving, odor, condition of your eyes, speech etc.
7. They DO NOT have to read you your Miranda rights before questioning you. Your statements will be admissible.
8. You may harm your own interests when speaking to an officer even when completely innocent. People get mistakenly accused ALL THE TIME.
9. They can give you a Miranda warning on one crime and still be questioned about another crime without violating your rights.
10. Never try to talk your way out of anything. Officers are trained to arrest people; they will make an arrest whenever possible. That is their job and they will do it, no matter what, anywhere, anytime.
11. Attempting to sue the police department for a violation of these rights is next to impossible. Don’t waste your emotions, time, energy or money.
12. No matter what you do actually say whatever ends up in their report is considered the truth. They have the credibility, you won’t. Don’t talk.
13. Sometimes even if you don’t talk you may still get arrested, so don’t be surprised if that happens…it is their job.