Do I Have To Answer Questions Asked By Law Enforcement Officers
No. You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers , even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions. In general, only a judge can order you to answer questions.
Speak To An Experienced Miranda Rights Attorney Today
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified miranda rights lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.
What Can I Do If The Violence Is Experienced By A Neighbour Relative Friend Or Stranger
You do not have to provide your name when reporting an incident that is occurring or that you suspect is occurring. If you know someone who is a victim or you suspect is a victim and is in need of urgent assistance, you can call Triple Zero and remain anonymous. If urgent assistance is not needed then you can call Crime Stoppers 1800 333 000 and report your concerns.
You May Like: How To Report Fraud To The Police Department
Will The Police Be Suspicious If I Have My Lawyer Involved Over A Simple Question
Maybe. But, suspicion doesnt add up to much. And there are perfectly understandable reasons why some people just dont want to talk to the police under any circumstances.
Some people have had a bad person experience with a police officer and are legitimately mistrustful. Some communities and cultures are used to corrupt police officer not protecting their interests.
And some people are just paranoid, legitimately or not.
NONE of these reasons for not talking to the police are evidence that suggests you are guilty of a crime.
And not talking to the police is absolutely the best way to avoid both being arrested, or ultimately convicted of a crime.
If you do ultimately get arrested or issued a criminal citation for you to appear at a clerk magistrates hearing, there are still lots of opportunities to beat the case at that stage, and still end a case before you are ever technically charged with a crime.
Please give me a call if you are accused of any crime, or being questioned or harassed by the police. I can help.
Right To Talk To A Lawyer
You have the right to talk to a lawyer. The police must tell you that you have this right. If you tell the police you want to talk to a lawyer, the police must allow you to contact a lawyer. You must be allowed to talk to the lawyer in private.
The police must tell you about Legal Aid Ontario. Legal Aid Ontario pays lawyers known as duty counsel to give free legal advice if you’ve been arrested or detained. This advice is available 24 hours a day. If you’ve been arrested or detained, you can contact duty counsel immediately. If they don’t tell you, ask the police for the toll-free phone number for duty counsel.
Recommended Reading: What Do You Have To Become A Police Officer
During An Arrest You Have The Right To Remain Silent
Once a police officer places you under arrest, he or shemust read you your Miranda rights. Under this series of rights, you have theright to remain silent and the right to hire an attorney. You cannot walk awayfrom police officers, but you can refuse to answer any questions they haveuntil your attorney comes to represent you.
It is important to exercise your right to remain silent during an arrest. You do not want to accidentally say anything that the officers can misconstrue as evidence that you committed a crime. Tell the officers clearly that you do not want to answer any questions until you speak to your attorney.
If the officers do not respect your Miranda rights, use thefollowing statements to stop the questioning quickly and clearly. Repeat thestatement until the officers stop questioning you.
- I refuse to answer any questions untilmy attorney is present.
- I do not want to talk to you, I wantto talk to my attorney.
- Im invoking my Miranda rights.
- I will not speak to you until I callmy attorney.
- I am claiming the right to remainsilent.
Providing First Aid Vehicle Assistance Tourist Information And Public Education
Police agencies are available year-round, 24 hours a day, so citizens call the police department not only when they are in trouble but in inconvenient situations as well. As a result, police services go beyond combating crime to assisting with vehicle breakdowns, providing information about other agencies, and helping locate lost pets or property.
Recommended Reading: How To Find Out If Someone’s In Police Custody
New York City Department Of Correction
The Police Want To Speak With Me And Get My Side Of The Story I Think They Are Investigating Me For A Criminal Offence What Should I Know
If the police think a person may have committed an offence, it is not unusual for them to contact the person and ask them to give a statement about the incident. They may call and say they want to set up a meeting to discuss an incident. Or they may say that they want to give you a chance to tell your side of the story so they can decide how they are going to handle things. They may say this is your opportunity to tell us what happened or warn you that if you do not speak with me, I will have to assume everything told me is true, and thats how I will write my report.
What the police the police will not tell you, however, is: We want you to speak with us because we hope that you will tell us something that can be used against you. It is important to remember that by the time the police have contacted you and asked to meet with them, the police may have already decided to arrest you and lay a charge against you. While there is a chance you could tell the police something that causes them to decide not to charge you, it is also possible that you will say something that hurts your ability to defend yourself. There may be another side to the story, but if the police are told two different versions of what happened, they will often decide to lay a criminal charge and let the matter get sorted out in court.
Read Also: Should I File A Police Report For Identity Theft
When Do I Have To Provide Some Information To The Police
As previously mentioned, there are certain situations where an individual may be required to provide particular information or answer specific questions.
One of those scenarios is when the police have reasonable suspicion that a person either is or is about to be participating in some kind of criminal activity.
For example, in many states it is often the case that if the police see a person wandering aimless with no apparent direction and in way that poses a threat to the public , then they are allowed to ask the supposed loiterer for their identification as well as an explanation of what they are doing.
The laws that govern this exception are known as stop and identify laws. Currently, these laws have been adopted by approximately 24 states.
Lastly, while declining to answer questions is generally not considered a crime, refusing to provide identification when pulled over due to a traffic violation can be a crime.
The Consensual Voluntary Encounter
This first type of interaction involves the police walking up to someone on the street and asking questions. Asking voluntary questions like this does not implicate the Fourth Amendment is not considered a search or seizure under the Constitution.
Police can ask anyone for ID anytime and can ask to search someones bag anytime, without having to have a warrant, probable cause, or even reasonable suspicion that criminal activity is afoot.
This is because in theory, the person can always refuse to provide information or say no to the search and walk away. These types of questions are allowed as long as the police dont give the impression that you are required to answer.For example, as long as the police dont make a show of force or authority.
I say in theory because if a police officer in uniform approaches you and asks you a question, it is sometimes hard to know whether you are required to respond. But generally, if an officer walks up to you on the street without any reason to believe you have been involved in a crime, you are not required to answer his questions.
Read Also: How To Become A Police Officer In Mississippi
When Can The Police Stop And Question You
If you have been stopped, questioned and arrested or cited by the police, one of the first questions you should ask is whether the initial stop was constitutionally valid. The Fourth Amendment protects citizens from unreasonable search and seizure. This means that, generally, the police cannot seize or search you without a warrantunless a specific exception applies.
Generally, there are three types of interactions with police each requiring different levels of suspicion by the police before they can stop or question you. Which one of these does your case fall into?
How To Answer Police Interview Questions
Alright, we know that youre excited to see the law enforcement interview questions and example answers, and we promise those are coming.
The thing is, learning a bit about how to answer police interview questions first is a good move. Why? Because interviews are like a box of chocolates, you never know what youre going to get.
Yes, some interview questions are incredibly common. But that doesnt mean your interviewer wont have some unique ones thrown into the mix. You need to be ready for those too.
How do you prepare? By honing your strategy.
First, you need to get friendly with research. You need to go through that police officer job description with a fine-toothed comb, learning all you can about the role.
Next, you need to find out as much as possible about the department, including its mission, values, and standing in the community. After all, there are more than 12,000 separate police departments across the country, and they arent all exactly the same.
Go over the departments website, check out its social media pages, and read recent news. Those are all good starting points.
After that, its time to learn how to answer interview questions. During a police officer interview, you could face job-specific questions, as well as general job interview questions, including classics like:
So, how do you get ready for that? By making sure your strategy is on point.
Don’t Miss: Can You Carry A Gun Into A Police Station
I Spoke To The Officer But I Didnt Give An Official Statement To The Police Should I Be Concerned
Many people believe that if they didnt hand-write a statement, provide an audio or video recorded statement, then they havent actually provided the police with any information that could potentially be used against them. This is incorrect. Any statements made or questions answered, even in what may seem like a casual conversation with a police officer, can, in fact, be used against you.
When Youre Under Arrest
Even if youve been arrested, you can refuse to answer questions. In this case, officers must provide you with Miranda warnings before interrogation, including advising you of your right to remain silent and right to a lawyer.
Be careful: The warnings are only mandatory if there is an interrogation. If youve only been arrested and no questioning has begun, officers may wait to advise you of your rights in the hope that youll voluntarily provide incriminating information. Additionally, courts have ruled that you must affirmatively assert your right to remain silent and right to an attorney. Merely keeping your mouth shut wont cut it.
Finally, while you may have the option to not respond to police questioning, it is a crime to give officers false or misleading information in any of the contexts discussed above. So even if you have the right to remain silent, you dont have a right to lie to police.
Recommended Reading: How Old Do You Have To Be For Police Academy
Undocumented Victims Of Crime
The city’s Confidentiality Policy prohibits New York City employees, including NYPD officers, from asking about your immigration status. If you are an undocumented immigrant who is a victim of a crime, you may report the crime to the New York City Police Department without fear of being investigated for your immigration status.
U nonimmigrant status provides victims of certain crimes with temporary immigration status if these victims are, have been, or are likely to be helpful in investigation and prosecution of a crime. Pursuant to federal law victims must also meet additional criteria, including suffering substantial mental or physical abuse as a result of the crime. The NYPD does not provide U nonimmigrant status or immigration benefits
Do I Have To Talk To The Police
One of the most common questions I receive as a criminal defense lawyer is whether or not you should talk to the police. Almost every day I get a phone call from someone who just found out that the police are looking for them or want to ask them questions, and they want to know what to do. Many people think they either have to go give a statement or that they will help themselves by giving a statement. That is almost always the wrong answer. I have defended thousands of cases, and I can probably count on one hand the number of times that a client has helped themselves by giving a statement.
Read Also: How To Hire An Off Duty Police Officer
Am I Allowed To Lie To The Police
No. While you have the right to remain silent, you do not have the right to lie to the police. Lying to a police officer who is investigating an offence may constitute obstructing a peace officer or obstruction of justice. These are serious criminal offences in themselves. If you are charged with an offence, lying to police will also hurt your ability to defend yourself in court.
Police Have The Right To Search Any Abandoned Property
If you leave your suitcase unattended in the airport to run to the bathroom, the police have every right to search it. This was determined in the landmark 1997 United States v. Tugwell Supreme Court case, which determined that whenever a person leaves property unattendedintentionally or otherwisethey forfeit any privacy protections provided by the Fourth Amendment.
Don’t Miss: How To Become Police Officer In Ohio
What If The Police Question Me
The police can approach you and ask you questions but they must let you go on your way, unless they arrest you or they have grounds to detain you. And if you are not breaking the law, they cannot arrest you only because they think this will stop someone else from acting violently and causing harm to others.
The police have the right to detain you if they are investigating a crime and they have a “reasonable suspicion” that you are connected to the crime. They can detain you only for a short time. If the crime they are investigating is serious, they can detain you a bit longer. They must tell you why they are detaining you.
The police also have the right to detain you at a “roadblock” if they are following up on a report that, a short time before, someone saw people nearby with handguns.
If the police think you might have committed a crime, you may choose to tell them who you are. But, in most cases, you do not have to answer any questions. You can tell the police that you do not want to say anything until you speak to a lawyer.
However, if you have been in a car accident, the police might ask you for information that they require for an accident report. If you do not give this information when they ask you, you could be charged with anoffence.