Have you noticed how much more serious policing has become in the post 9-11 era? It used to be the local cop would stop your car and if you said, “I’m sorry, Officer, I forgot my license at home,” he might respond, “I understand. No problem.” You’d be sent on your way without a ticket.
That kind of folksiness is now rare. As local police forces ramp up with weaponry capable of taking down a small army, it’s time to take every police encounter seriously — this goes for your kids, for you, even for a nun. Whether you’re watching someone getting arrested and taping it on your cell phone; driving around with pot in your pocket, or even calling in an emergency, be careful what you say. Anything, even to break the ice, can and will be used against you.
Here’s an example. Police stop you for speeding and you say, “Officer I was just going a little over the speed limit.” That’s an admission, volunteered by you. It will later be used in court.
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Or how about, let’s say, “I had no idea that kiddy porn was on my computer.” You’ve just admitted it was your computer.
I’ve had cases where people drive through NY State with a gun, legal in the state of origin, but not in New York. “But my gun’s registered in Georgia.” Too bad for you, now you’ve lost the defense of innocent, temporary possession.
Or how about the nice mom visiting New York with her daughter to see a Broadway show. She brings along a Tazer just in case. When stopped in the airport on the way home, she says “I just had it for protection. It’s not illegal in Maine.” That’s true, but it is in New York. Busted.
I can’t say this enough: The best thing to say when a police officer stops you for whatever reason is — nothing. Or at most, I want a lawyer. But say it politely. Don’t put your hands in your pockets unless instructed to. And never, ever run.
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If a detective calls you and says your wife, or neighbor (or whomever) just called to say (name-any-complaint) and “we just want to ask you a few questions,” your answer should be, “Please give me your name and number, and my lawyer will be in touch.” Even if it’s just at the investigation phase, get a lawyer in on the ground floor. It will preserve whatever defense you might have or need to have.
A lot of people think that “remaining silent” will make them look guilty. Wrong. It might make the cop annoyed with you, but making him happy by talking won’t stop him from arresting you. If you admit you’re speeding — you’ll get a ticket and lose your defense. If you admit you and the wife were “just having a little spat” and things got out of hand, he’ll skip right over the male bonding and arrest you for domestic violence. Once a case gets to the point where a detective calls you to investigate, he’s going to arrest you no matter what the mitigating circumstances.
This may sound obvious, but I can’t tell you how many people, especially “respectable” never-before-arrested-people, fall into the trap of wanting to please the cop.
Not to sound cynical, but generally if you’re being investigated or are under arrest, talking to police does not pay. Hire a lawyer to do the talking for you, and save your defense for trial.
Toni Messina has been practicing criminal defense law since 1990, although during law school she spent one summer as an intern in a large Boston law firm and realized quickly it wasn’t for her. Prior to attending law school, she worked as a journalist from Rome, Italy, reporting stories of international interest for CBS News and NPR. She keeps sane by balancing her law practice with a family of three children, playing in a BossaNova band, and dancing flamenco. She can be reached by email at [email protected] or tonimessinalaw.com, and you can also follow her on Twitter: @tonitamess.