Great Advice From A Former Cop
“They never read me my rights!”
If I had a nickel for every time a new client started our initial consultation with these words, I could have retired long ago. Well, maybe that’s a bit of an exaggeration, but I’m trying to make a point here. And that point is this:
The police do not have to read you your rights.
That’s right. I’ll say it again:
The police do not have to read you your rights.
We live in a time when police dramas seem to dominate network and cable television. It seems like a show called C.S.I. something is on, in some version, on some channel, twenty four hours a day. My wife is angry because I refuse to watch these shows. I pretend it’s because they are unrealistic and I don’t want to spend my relaxation time at night reliving the same stuff I deal with every day at work. But the real reason is because the defense lawyers always come off looking like jerks.
I’ll leave it to others to decide whether fiction mirrors fact regarding my chosen profession.
But, one thing is for sure.
Most of my clients believe that the police have to read them their rights. They must be getting this false information somewhere, so I choose to blame television.
The reality of the matter is that the police must only read you your rights if they choose to question you about the crime they are accusing you of committing, and if they intend to use your statement against you in court. That does not mean that they must read you your rights before talking to you. They are allowed to ask you what are sometimes called “pedigree” questions, seeking to identify you and learn details about your life, including possible past arrests and convictions.
The courts also give the police leeway in asking you incriminating questions if this questioning occurs in a non custodial setting. In other words, if they question you when you’re walking down the street, as opposed to while handcuffed to a chair in a small cell with a bright light shining in your eyes. Again, I exaggerate, but I hope you get the point. And that point is, if you are in a situation where a reasonable person believes he or she is free to leave, and you decide to answer a police officer’s questions by admitting your guilt to a crime, then your statements will generally be admissible against you in court.
In the real world, the police will say they read you your rights whether they did or didn’t, or should have or didn’t need to, so this issue is usually much ado about nothing.
So, when confronted by the police who want to question you about something you may or may not have done, your best move is always:
KEEP YOUR MOUTH SHUT!
I don’t mean this literally. Be cooperative, identify yourself, and politely ask to speak to a lawyer.
If you follow this advise, you don’t need to worry whether or not they read you your rights.
I would like to emphasize that nothing contained in this article should be construed as legal advice. There is no substitute for hiring your own lawyer, and no article you find on the internet can provide you with legal advice regarding your situation, since every case is different.
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