Should I talk to the police?
The first thing that comes to the mind of a criminal lawyer when asked this question is a very well-known and often quoted passage from a United States Supreme Court decision: “Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances." Watts v. Indiana, 338 U.S. 49 (1949).
That is a good starting point. There would be little harm in just leaving it at that. But a little elaboration may be useful:
First, notice that this advice is being given to “the suspect”. It is not always obvious whether or not a person approached by police is a “suspect.” Anyone who has already been arrested is certainly a “suspect” and should say nothing without getting the advice of a criminal lawyer. Of course by “nothing” I mean nothing even remotely related to the incident that led to the arrest, or indeed to anything connected to any sort of questionable activity. Even a person under arrest should answer reasonable questions about routine matters related to the booking procedures, such as providing name, address, and date of birth.
Though well short of an arrest, if police activate the overhead lights on the cruiser to stop a car, the driver is almost certainly suspected of something, even if only a minor traffic infraction. Whatever the reason for stopping a vehicle, the officer will be alert for any signs of criminal activity. He will certainly be watching the driver for any sign of intoxication. He will be looking around inside the vehicle for weapons or contraband of any sort, or any item associated with drug use, such as pipes or razor blades. There is no way to avoid some interaction with the officer once he stops your vehicle. There is little danger in cautious conversation for the purpose of learning the reason for the stop. Even if the police say the reason is nothing more than failure to signal a turn, or a tail light not working, be wary of providing excuses, explanations, or justifications. In conversation one thing easily leads to another. Do not be drawn into discussions of other things, which are not related to the burned out tail light. Remember: the police officer is almost certain to be better at this than the average motorist.
Second, police may approach a person, who is not a “suspect” in any sense, because they think the person may have useful information. Police often wish to speak with friends, co-workers, or family members of a suspect. Police often wish to speak with those who may have witnessed a crime or some connected event. "Did a tall, thin, man wearing jogging shorts and a T-shirt just run by here?” is probably just a legitimate inquiry which may be taken at face value. Quite rightly, most citizens want to assist the police in carrying out their lawful duties. Just be prudent.
The trouble comes when it is unclear what the police want to talk about. Police may approach a person in a public place, or may appear at a person's home or place of business asking questions. An officer or detective may call on the telephone and request a person to come to the police station. Do your best to determine the reason the police want to talk to you. If you are at all worried that you are under suspicion, be very careful. If time and circumstances permit, consulting a criminal lawyer is a good idea.
If you do decide to begin talking with police, you may stop talking at any time. If the police accuse you of any wrongdoing, or even insinuate that you have done something illegal, you should stop talking and seek the advice of a criminal lawyer.
Police may have more than one reason for wishing to speak with you. They are not obliged to tell you the real reason.
Remember this: Whatever the circumstances, police are not obliged to tell you the truth. Police are permitted, within some limits, to engage in deception of various kinds during a criminal investigation. You, on the other hand, should tell the truth or say nothing. Any false statement you make may be used against you as evidence of guilt.
copyright 2014
Russell J. Redgate