Never do these 5 things if you are arrested or about to be arrested!

By Travis Rice

I have reviewed over 50 hours of body cam footage over the past few weeks. Here is a list of five things things you should never do before or during an arrest...

1. Do not resist or run: 

Resisting is one of the worst things you can do. DO NOT resist the officer. I don't care if you think your in the right. I don't care if the officer was a jerk to you. When you are arrested its not the time to fight the arrest by resisting. The time to fight the resisting is in the courtroom. Remember, officers wear body cams, if the body cam shows that you tried to run or resist the arrest, you are less likely to get a deal, get your case thrown out by the judge, or have a jury find you not guilty. Its human nature to comply with authority. When someone doesn't comply with authority we scrutinize their conduct. Just remember, officers have body cams. If they are treating you bad the jury or judge will see it.

Running is also bad. The stigma that running implies guilt can be challenged in court, but its hard to challenge. When people perceive others running they immediately think.."why is he running." They often come to the conclusion that they are trying to escape because they did something wrong. Think O.J. in the white Bronco. People connected is action with guilt. I remember people saying "if he was innocent why did he run?" Its a valid question. Evidence that you ran can create a negative view in the jury's mind. It can justify a judges decision to give you increased penalties, as well as, give the prosecutor facts to request that higher penalties be given to you. Even if you ran for a legitimate reason. Simply put...dont resist or run.

Photo by Brian Myrick of Idaho Press

Take a look at this photo of Ammon Bundy who did not resist the Idaho State Police officers and choose instead to remain on a swivel chair. When asked about this later he said "I dont do anything when I am arrested...I go limp." In a sense he made the Idaho State Police do all the work. That's okay. Just dont resist!

2. Do not invite the officer into your home

I find this especially a problem in Idaho. Its polite in Idaho to invite someone into your home, even a  stranger, and talk with them. But, there should be an exception in Idaho politeness for officers. Officers can and will arrest and charge you for things that they see in "plain view." If you are arrested anything close to you can be subject to search. For instance, if you let them into your house and they see a marijuana plant they can arrest you. If you are already arrested for the marijuana plant and you go back into the house with them, they can search everything incident to your search. If you allow the police into your home you open yourself up to a world of legal trouble. 

Even if you think you have nothing to hide, its a good idea to talk to them on the door step and not let them into your home. Be respectful say "Id prefer to talk right here." If the police had probable cause they would have gotten a warrant to come into the house. Believe me, they dont have cause. Its important to note that in emergency circumstances police can come into the home, this is usually during domestic violence circumstances. Try to talk to them as much outside the home as possible though. Don't expose yourself to them. You have privacy in your home. Your home is your castle. Keep it that way! 

  

3. Do not consent to a search

If I could have a quarter for the times I have seen an innocent person consent to a search and then drugs are found in the car because the passenger throw them under the seat as the person was getting out I would be a far richer man. You have the right to be free from search and seizure. This includes the right to not consent to a search. Please take advantage of that. A lot of times, especially in drug cases, this will make or break the case. Do not consent to the search even if you are already arrested. Please say "no I do not consent to you searching my car." Do not say "I am not really comfortable with that," "I don't know" "I wish you wouldn't." Be bold about it! Just say no! The officer will be suspect, but he will respect it.   

4. Do not believe the officer; he can lie to you

A lot of people have the false belief that an officer in a nice blue uniform, who has a shiny badge on, will never lie to them. That's not the case. Officers can and do lie to you. In fact they are trained on how to lie to get the information from you that they need. Officers do not violate their oath by misrepresenting a fact. For instance, if they say they have DNA or your fingerprints on something. Don't believe them. Ask to see them first. If they say your cohort just said you did it. Ask them to play the recording. Police lie, its not a rarity. In fact I would guess about 65-70% of confessions I have seen were because the police misrepresented something and the person believed them. In turn, this ruined their case. So remember, police can and do lie. 

 

5. Do not talk to the officer

I think remaining silent is the most important thing to remember. So many people think that they can convince an officer that they were in the right or that they should be released. And they begin talking to the officer, but before you know it they have done to work for the police to convict them of a crime. Its rare an officer will release you after talking to you. Jury's see your talking to the police as a "confession" and its very hard to convince them otherwise. Its usually a jury that will decide if your case is credible not the police, so don't burn that bridge by talking to the police. 

You have the right to remain silent. I advise you exercise that right. You have the right not to incriminate yourself. I advise you exercise that right too. If you asked just about any law enforcement officer with kids, if they would want a police officer talking with them without them present they would say no. That's because they know the damaging impact a person can do simply by talking. Remember the old adage "only a fish with his mouth open gets caught." Its the same with criminals in a lot of circumstances. So don't talk to the police. 

If you need a good attorney in Caldwell or Nampa please consider giving me a call. My number is 208-230-9983 or you can visit my website at the following link 

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