In a recent 5-4 ruling, in Berghuis v. Thompkins, the U.S. Supreme Court weakened long-standing protections against coercive police interrogations. Miranda warnings inform people who have been arrested of their rights to remain silent and to consult with an attorney.  But now anyone who is arrested must speak up to stop an interrogation once they have been informed of their rights. Otherwise, according to the Supreme Court ruling, the questioning can go on for hours and any statement you make can be used against you in court. But if you clarify you want to speak with a lawyer or to remain silent, the police must immediately stop interrogating you.  IN other words, specifically tell police you want to talk to a lawyer and wish to remain silent.

The following is a Guide for dealing with police

If you are stopped for questioning, DO…

DO give your name and the information on your drivers’ license.

DO remember you have the right to remain silent. You cannot be arrested or detained for refusing to answer questions. But it can look suspicious to the police.

DO show identification if you get a ticket so that you can be released.

DO ask the police to see a search warrant if they want to search you or your home.

DO make sure the officer knows you do not agree to be searched (they might search you anyway, but make your opposition known. You can say “I do not consent to a search.”).

DO ask if you are free to leave. If they say ‘yes,’ leave; if they say ‘no,’ DO ask to know why.

If you are stopped for questioning, DON’T…

DON’T disrespect a police officer. Although you have a Constitutional First Amendment right to do so, it could lead to your arrest.

DON’T refuse to give your name.

DON’T run away or physically resist a “pat-down” or search. The police can pat you down if they suspect you are carrying a weapon, but you can ask why you are being detained or arrested.

DON’T lie. Don’t talk if you don’t have anything to say. Tell the police you don’t want to talk to them; you do not have to give additional information besides your name and basic identifying information.

DON’T discuss your citizenship or immigration status with anyone other than your lawyer.

If you are stopped in your car, DO…

DO show your license, registration, and proof of insurance when asked.

DO keep your hands on the wheel and let the officer know what you are doing (“I’m going to reach for my insurance now, officer…”).

DO make it clear that you do not agree to have your car searched (they may do it anyway if they suspect you have drugs or other evidence).

DO sign your ticket if you are given one and asked to. Otherwise, you may be arrested. Your signature only means you agree that you received the ticked,not that you agree you are guilty. You can always fight the case in court later. If given a ticket, do contact the court or a criminal defense lawyer PRIOR to the date written on the ticket; failure to appear on the court date may lead to arrest and a suspended license.

DO take the PBT breath test offered out on the field.  These results are not generally admissible at trial anyway.  Furthermore, it may be a good indicator for whether or not you should take the tests offered at the station.

DO take the blood, urine, or breath test, unless you are willing to risk your license being suspended.  You should understand, that if you take the Intoxilyzer 8000 at the station, the results will likely be admissible at trial against you, unless a criminal defense attorney can get it suppressed.  However, if you don't take the test, the refusal itself is likely admissible at trial and the consequences to your driver's license are generally (not always) more harsh.

DO keep your car interior clear of unnecessary objects. It may give the police reason to search the car.

If you are stopped in your car, DON’T…

DON’T physically resist a search, but make it clear you DO NOT CONSENT TO A SEARCH (this may help you in court later, such as in a motion to suppress).

DON’T refuse to sign a ticket.

DON’T search for your license or registration until asked. It may look as if you are trying to hide something.

DON’T disrespect the officer. Although you have a Constitutional First Amendment right to do so, it could lead to your arrest.

DON’T attempt to bribe the police.

DON’T play music loudly when the police walk up to your car.

DON’T have any objects hanging from your rearview mirror. It may provide a pretext to pull you over.

If you are arrested or taken to a police station, DO…

DO tell the police your name and basic identifying information. BUT NOTHING ELSE.

DO tell the police you want to remain silent and want to talk to a lawyer. They should stop questioning you after that.  This is especially important after the recent Berghuis v. Thompkins decision.

DO ask if you can park your car in a safe place or have a licensed driver take it away, to avoid towing or impoundment fees.

If you make any calls, DO assume the police are recording your calls.

At the station, DO take the blood, urine, or breath test, unless you are willing to risk your license being suspended.  You should understand, that if you take the Intoxilyzer 8000 at the station, the results will likely be admissible at trial against you, unless a criminal defense attorney can get it suppressed.  However, if you don't take the test, the refusal itself is likely admissible at trial and the consequences to your driver's license are generally (not always) more harsh.

If you are arrested or taken to a police station, DON’T…

DON’T give them any information except for your name and basic identifying information.

DON’T give explanations, excuses, or stories.

DON’T talk to the police about the situation without your lawyer.

DON’T talk about your case on the phone; the police might be recording your 3 allotted phone calls (except those to your lawyer).

DON’T forget the fact that if you cannot afford an attorney, one must be provided free of charge for you in court, if you are facing jail time.

DON’T make any decisions in your case without talking to a lawyer.

DON’T explain your defense in the police station. Do it in court, once you talk to your lawyer.

DON’T discuss your citizenship or immigration status with anyone other than your lawyer.

Whether you are released or remain in jail, once given a court date, DO…

DO remember that you have the right to an attorney and one must be provided to you, if you are facing jail time.

DO ask the judge if you can be released on a lower bond bail (P.R. or O.R.).