Knowing the tips for interacting with law enforcement as a suspect in Minnesota can keep you from saying or doing something that incriminates you. These tips include understanding your rights while interacting with law enforcement, knowing how to handle search and seizure, and seeking the early intervention of a criminal defense lawyer. You should apply these tips when you are stopped for questioning, a suspect in a criminal investigation, pulled over in a car, and during arrest, arrest processing, and custody.
You can count on Keller Criminal Defense Attorneys for aggressive legal defense if you are a suspect in a criminal investigation, facing criminal charges, or have been arrested. Contact us at (952) 913-1421 to schedule a free, no-obligation consultation.
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Understanding Your Rights While Interacting With Law Enforcement
Getting stopped or arrested by the police can quickly escalate into a bad situation if mishandled. Typically, a police interaction with citizens can be categorized into one of the following three classes, depending on the location of the interaction:
- In a public location
- In a private place, like your home
- While in your car
Police officers are trained to detect suspicious behavior. They know when something is off or the law has been broken. Sometimes, they might approach you even if you haven’t broken any law. It’s still important to cooperate with law enforcement officers. Cooperating does not mean you say or do things that can implicate you. Instead, it means doing what is lawful and ensuring your rights and interests are protected throughout your interaction with the officers. These rights include:
Right to Remain Silent
You have the right to remain silent. The Fifth Amendment gives you the right to avoid self-incrimination. You are not legally mandated to answer questions a police officer directs to you after you have invoked your right to remain silent. Be sure to remain silent and request legal counsel if the police investigate and arrest you for a felony or misdemeanor.
The best way to invoke your right to stay silent is to tell the arresting or interrogating officer that you have chosen to remain silent. You can also say that you will only talk with your lawyer, or you are exercising your right to stay silent. The goal is to say something that any reasonable law enforcement officer in a similar situation would interpret as a request for legal counsel.
Right to Reasonable and Lawful Searches
You are not under a legal obligation to consent to a body search or that of your belongings. A law enforcement officer may, however, briefly pat you down if they suspect you are concealing a weapon. Although refusing to consent to a search might not deter the officer, letting the officer know beforehand that you are exercising this right can guarantee a positive outcome from your case.
Right to an Attorney
You have the right to legal counsel immediately after getting arrested and throughout the criminal defense process. Not every suspected criminal has the financial resources to pay lawyer fees out-of-pocket. If you can’t afford a private lawyer, the state will provide a public attorney for your defense. An upside to having a lawyer is that the lawyer’s presence can help “tame” police powers when dealing with suspects or prevent possible unfavorable outcomes.
What to Do When Stopped for Interrogation
Sometimes, you might be summoned or stopped for questioning by law enforcement officers. What you say to an officer is critical. The officer can use your word against you or find the premises to make an arrest.
Most suspects think they can explain themselves to the police to clear themselves. They forget that law enforcement officers are trained to extract information by any means, including sugar-coating information, lying, or twisting statements to confuse or get you to talk.
You are under no legal obligation to answer questions when stopped for interrogation. Stop and listen to what the police officers have to say. Under Minnesota law, refusing to answer questions or identify yourself is not a crime. However, an officer may require identification if the officer has reasonable cause. Ask the police if you are under arrest. If so, you have the right to know why.
Don’t try getting away or interfering with the police, even if you believe the questions they are asking are absurd or unreasonable. Officers can deem that as obstruction of justice and arrest you.
What to Do When You Are a Suspect in Criminal Investigations
Sometimes, you might know that you are under surveillance by the police. In these circumstances, you must be cautious about what you do to get the target off your back. The following tips can keep you from disclosing implicating information when you are under criminal investigation:
Avoid Social Media
Whether it’s an image, video, check-ins, or private messages, the prosecution can investigate your social media post, subpoena it, and use it as evidence in court. You might be innocently posting a feed on X, Facebook, or Instagram, but it might be the only evidence the prosecutor needs to lynch you. So, avoid posting things on social media that may link you to criminal activities. If possible, take a break from social media during the entire period of a criminal investigation.
Be Careful of What You Say in Casual Conversations
You must be careful what you say when talking casually to your friends, family, or acquaintances. What you say in your conversations can be innocently passed along. Eventually, this word might find its way to law enforcement and be used against you.
Sometimes, the police partner with confidential informants (CIs), pushing them into creating conversations with you in the bid to get you to talk about a detail of a case. In such a scenario, you might get arrested or jeopardize your defense if you say anything that implies guilt. In legal terms, the incriminating information is called a Statement of Interest. The police can use the information against you in court.
Know Law Enforcement Tactics
Law enforcement officers employ tons of techniques and strategies to get you to confess or reveal information about your case. For example, they might imply that they have solid evidence to get you arrested, and if you cooperate, you will get a lenient sentence or treatment. While police officers don’t overstep any legal lines by using such strategies, you don’t have to answer or comment on their statements without a criminal defense lawyer on your side.
What to Do When You Are Pulled Over in a Car
When stopped in your car by a police officer, do your best to slow down and bring the vehicle to a stop smoothly. If it’s dark outside, flick on the interior lights and place your hands on the steering wheel. Upon request, reach out for your driver’s license and proof of car insurance. Don’t admit to committing any wrongdoing. Accept your traffic citation respectfully and seek legal assistance.
You can refuse to take a field sobriety test if you get pulled over by a police officer on suspicion that you’re driving under the influence of alcohol and other substances. Your refusal can’t prompt an officer to take you into custody or cause your license suspension. The state can, however, suspend your driving privileges if you are under arrest and refuse to blow into a breathalyzer.
Handling Searches and Seizures
If the police come to your home and request entry, don’t allow them in unless they have a valid warrant. The police may not require a warrant to enter your house in some situations. An example is when there is a distress call or screams for help from inside your house. Another example is when an individual under police pursuit disappears in your home.
Police officers can sometimes search your house or car without a warrant. You can refuse to consent to the search because you can’t get arrested for that. However, they may still search your house or car even if you don’t consent to the search. Tell them clearly that you refuse the search. Doing that protects your rights, and you can use it as a ground to request the court to suppress any evidence obtained through the illegal search.
What to Do When Arrested or Taken into Police Custody
Taking the right steps when in custody can protect your case in the long run.
Remain Calm and Silent
You have the right to remain silent and to speak to a criminal defense lawyer before talking to the police. Only provide your name and address. Don’t answer questions, explain yourself, tell stories, or give excuses. You will have plenty of time to defend yourself in court based on the legal approach you and your lawyer deem fit.
Seek Legal Assistance
Once arrested, request to speak to a legal counsel immediately. Find a 24-hour lawyer for criminal defense near you if you don’t have one in your phone book. Ask the officers how you can get in touch with the lawyer. Don’t say anything until your attorney arrives.
Right to Make a Phone Call
In the moments following your arrest, you have the right to make a local call to speak to a relative, friend, lawyer, bail bondsman, or any other person. Law enforcement can’t listen to this conversation.
Request Bail
Many suspects in criminal cases get released on bail, and your lawyer can try to convince the judge to release you on bail. Sometimes, the judge can release you without bail or reduced bail. Your lawyer can negotiate with the judge for such an outcome. Remember, the law requires law enforcement to present offenders in court within 36 hours of arrest. This window starts at midnight on the day of arrest. Sundays and holidays can’t count as days of arrest.
Partnering with a Criminal Defense Lawyer
Contact an experienced criminal defense lawyer if you are accused of a crime but not charged. The lawyer is familiar with the criminal defense process and can represent you in court. He or she knows what to say to the judge, the jury, and the prosecution counsel to get your charges dropped or reduced.
The criminal defense lawyer knows what documents to prepare and the evidence to consider. The lawyer will leverage his or her knowledge of the law to identify loopholes or opportunities within the law that the lawyer can exploit to turn the odds in your favor.
The lawyer will handle every aspect of your criminal defense, from investigating the case and gathering evidence to handling bail and pretrial release. The lawyer will also negotiate an acceptable plea deal with the prosecution and represent you in court if plea negotiations are unsuccessful.
The legal team at Keller Criminal Defense Attorneys has experience helping criminal defendants obtain favorable outcomes in their cases. Contact us today to request a free consultation with one of our attorneys.