People get arrested, and it’s normal; it can happen to anyone, even someone who hasn’t committed a crime. People react in different ways while being detained – some of these reactions are even unwise, yet understandable given the emotional state of the arrestee.
Since anything you say or do might be used against you in the court of law, you should be extremely cautious about your actions at the time of the arrest. The most obvious and logical thing is to follow the instructions of the police officer. However, it’s not that simple, and sometimes people don’t follow instructions due to a number of different reasons, including being scared or intoxicated.
It doesn’t matter whether you’ve broken the law or not, you still have rights. To preserve your rights, you have to be aware of the following important things not to do while being arrested:
Don’t Talk To The Police
Avoid talking to the police; that includes both in the vehicle as well as at the police station. You wouldn’t want to portray yourself as an actual offender accidentally. The policeman arresting you is only performing his duty, and he has nothing to do with your guilt or innocence.
There’s no need to try to talk yourself out of being arrested. Anything you utter to the authorities can and will be used against you in the later legal proceedings, resulting in increased complications concerning your defence — the right to remain silent while being arrested holds an excellent value for you. Ask the constables to speak to your criminal defence lawyer and refuse to answer any other queries.
Don’t Run From The Police
It doesn’t matter what you’re thinking and how badly you want to run away to escape from the police; it’s never wise to attempt such a senseless act. First, you’re never going to outrun the authorities. Second, you might end up facing extra charges for trying to make a run.
You may also put yourself in danger, as the police can become suspicious that you may be carrying a firearm. Last but not least, running away to avoid an arrest is also considered as a guilt admission in the eyes of a jury.
Don’t Resist The Arrest
Apart from resisting the urge to run away, you should also avoid being combative with the police officers in any way. You may be angry or disoriented when you’re wrongly arrested; still, it’s not wise to lash out at the authorities. If a police officer reaches out to put handcuffs on you, allow them to do so without resisting.
Never attempt to pull away, shove, or knock at a police officer’s hands. You could only be naturally reacting to the unfortunate situation, but in reality, laying a hand on the officer could result in a serious criminal charge. If you think that the authorities have violated your rights, talk to your attorney about it later on instead of putting up a physical fight with the police during the moment of arrest.
Don’t Give Consent For A Search
If the police ask you to search your premises, that means that they don’t have a search warrant yet. If they want to access your car or house, say it loudly that you don’t want to give them permission to do so, which would help you in case there are some bystanders present who could serve as witnesses.
If the authorities search your premises without your consent, anything they find will most likely not be admissible in the court of law. Whether or not you have nothing to hide from the police, still, they may find something suspicious that doesn’t belong to you at all.
Slaferek Callihoo is a premier criminal defence law firm based in Edmonton, Alberta. Visit our website to explore our professional services or contact us for expert legal advice.
