You & the Police! by Boston T. Party & Kenneth W. Royce

Author:Boston T. Party & Kenneth W. Royce [Party, Boston T.]
Language: eng
Format: epub
Publisher: Javelin Press
Published: 2014-09-11T07:00:00+00:00

Your rights during an arrest

Pretty minimal. You have the Miranda right to remain silent, or to become silent at any time. You have the right to an attorney (free of charge) and may speak to him before and during questioning. Generally, you may not be subjected to a "major bodily intrusion " such as a cavity or surgical search or forced vomiting without a warrant unless a real emergency exists (imminent danger to life or limb).

PRACTICAL TIPS DURING ARREST

If arrested I would take a firm defensive stand by saying something like the following, and then shut up:

I believe that I have a perfectly good defense, but I want to talk to my lawyer about it first. I understand that I have a right to remain silent, and a right to discuss my situation with a lawyer before saying anything to the authorities, and I intend to do just that. I intend to exercise my constitutional rights. Nothing personal, you understand.

— Univ. of Michigan Law Professor Yale Kamisar; Supreme Court Review and Constitutional Law Symposium, Washington, D.C., September 1982

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