Interrogations by the Police: Q&A
Interrogations by the Police: Do the police need a warrant to arrest me?
No. Most police arrests are based on a concept called “probable cause”, which means that a police officer can arrest you if he has reason to suspect that you have been involved in criminal activity. Probable cause could include seeing a beer bottle or weapon under the seat of your car, catching you with stolen property, finding you with the victim of an assault, and millions of other circumstances.
Interrogations by the Police: Do the police have to read me my rights if I’m arrested?
No. If you decide to answer questions delivered by the police, they don’t not have to Mirandize you unless they want to use your answers against you in court. In other words, anything you say to the police before they read you the Miranda Rights is not admissible in court. However, the police can question you before they read you your rights.
Interrogations by the Police: If I am questioned by the police outside the police station, can they use my answers against me?
Not unless you have been Mirandized. The police can question you anywhere they wish – by the side of an accident, in an open field, in your home, or in a grocery store – but everything that you say is protected until they read you your rights.
Interrogations by the Police: How do I tell the police that I don’t want to answer their questions?
Regardless of what you are asked by the police, you have every right to keep your mouth shut, and often, it is wise that you do. If the police read you your rights and then begin a line of interrogation, you don’t have to say a word to them. Or, you can do what is called “lawyering up” and say, “I don’t want to answer your questions without my attorney present.” After that, they must stop asking you questions until your attorney is by your side.
Interrogations by the Police: Can a police officer force me to talk to them?
Absolutely not. If you decide that you want to claim your Miranda rights, you don’t have to say a word to them, even after your attorney has arrived. Police officers are well aware of the law, and will usually stop asking questions once you’ve claimed your right to silence.
Interrogations by the Police: What are the laws concerning brutality during interrogation?
Police officers cannot force a suspect to talk using brute force or psychological coercion. In the old days, police brutality was a common offense, and officers used every trick in the book to force a confession out of a suspect. Those days, however, are long gone, and police officers know that brutality during an interrogation will result in any confession becoming inadmissible in court.
Interrogations by the Police: After I’ve been interrogated, can I be forced to give bodily samples?
No. Police officers must obtain a warrant signed by a judge in order to obtain bodily fluids, such as blood. Since DNA is such an important part of many investigations, a court order for bodily samples is not difficult to obtain. However, you do not have to freely give it during interrogation.
