Receiving a phone call from a police officer can be intimidating, especially if you were not expecting it. Something you say innocently or without much thought can later be misinterpreted or used to support criminal charges.
You are not obligated to speak to the police officer. Politely decline to answer questions until you have spoken with an attorney. Speaking to a police officer without legal guidance is risky. Officers may rely on your lack of legal knowledge to gather statements that could be used against you.
A police officer might contact you unexpectedly for several reasons. They might think you could be a witness, a victim, or possibly a suspect in a criminal investigation.
If you are not the victim, it's highly advised that you do not speak with them. Notably, just because you receive a phone call doesn't necessarily mean you have done anything wrong.
However, a police officer often contacts individuals with the intent of collecting incriminating statements, even if they don't disclose their intentions upfront.
Simply put, you are not legally obligated to answer a phone call from the police. If you choose to take or return the call, you are voluntarily engaging in the conversation, making it a consensual encounter. These calls are often used by law enforcement to gather information that supports their existing theory.
Scenario
Image this common scenario. You receive a phone call from the police, with a friendly voice on the other end asking you if you would "answer a few questions for us?" Alternatively, the cops come to your door and ask if you would mind coming down to the station for a few minutes.
Either of these scenarios can feel highly intimidating to anyone, especially if you feel you might be a person of interest in a case.
Whether the call is about answering a few "routine" questions or an invitation to come down to the station, it's critical to know your rights and understand how to protect yourself. Do you have to cooperate? Do you have to answer their questions?
In short, the answer is no. Unless the police specifically state that you are under arrest, you are under no obligation to accompany them to the station, and your participation is completely voluntary.
And you always have the right not to answer any questions, whether you're under arrest or not. If you're in doubt about where you stand, simply ask, "Am I under arrest?" or "Am I free to go at any time?" If they confirm you're not under arrest and are free to leave, the choice to cooperate is yours.
Key Takeaways
- When police call, it may seem like cooperating will make things easier.
- You may be told you are not a suspect or that it is just a routine inquiry.
- Police officers are trained to gather evidence, even if it's your words.
- What you tell the officer can and often will be used against you.
- If you believe you have nothing to hide, your statements could be misinterpreted or taken out of context.
- You are not legally obligated to go to the police station just because a police detective asks you to.
- Police officers often invite individuals to the station under the guise of a friendly chat or to "help with an investigation."
- If the officer has probable cause to arrest you, they will detain you. 'Probable cause' is a legal standard that means the police must have a reasonable belief that a crime has been or is being committed. If they don't have this, they can't arrest you.
- The fact that police are inviting you instead of arresting you typically means they don't yet have enough evidenced to arrest you, or they are trying to elicit statements or admissions to strengthen their case against you.
Why Might the Police Want to Question You?
There are several reasons why the police might reach out to question you:
- You're a Suspect: If law enforcement believes you were involved in a crime, they may attempt to question you to gather evidence or obtain a confession.
- You're a Witness or Have Relevant Information: Sometimes, the police may contact you because they believe you have information about a case. This could make you a potential witness, even if you are not directly involved in the matter. Being a witness means you have information that can help the police, but you are not suspected of any wrongdoing.
- Clarification on Events: The police may be attempting to resolve conflicting accounts or establish a timeline for an incident they're investigating.
Regardless of the reason, it's essential to approach any interaction with law enforcement cautiously, as seemingly benign questions can become legal pitfalls.
The Risks of Voluntarily Talking to the Police
Many people believe that cooperating with the police will quickly clear up any misunderstandings, but that's not always the case. Talking to the police voluntarily can expose you to several risks, including:
- Unintentional Self-Incrimination: Even innocent people can make statements that may be misinterpreted or twisted to support a theory of guilt.
- Contradictory Statements: Details you provide might inadvertently conflict with evidence the police already have, even if the conflict is coincidental or due to a simple misunderstanding.
- Pressure Tactics: Law enforcement officers may employ techniques designed to elicit incriminating information, even from innocent individuals. These tactics can include prolonged questioning, making you feel like you have to justify your actions, or even making you believe that cooperating will make things easier for you.
Bear in mind that the police want to talk to you because they are investigating something, and anything you say could be used as evidence in a case against you or someone else, even if you're not under arrest and haven't been "read your rights."
The Fundamental Right to Remain Silent
One of the most important rights afforded to you, under both the U.S. Constitution and California law, is the right to remain silent. This right is not limited to situations in which you are under arrest.
Whether the police call you, stop you on the street, or visit your home, you have the right to decline to answer any questions. Exercising your right to remain silent can prevent you from making inadvertent statements that might be misinterpreted or used against you later.
Even casual conversations with law enforcement can carry risks. For example, you might unintentionally share details that conflict with other evidence or statements, even if you have done nothing wrong.
Police officers are trained to extract information during questioning, and their goals don't always align with your best interests. Remaining silent until you can consult with an attorney can help avoid complications.
Your Right to Have an Attorney Present
Whether you are under arrest or not, you always have the right to have an attorney present during police questioning. This right is crucial in helping you avoid missteps that could jeopardize your legal position.
An attorney can serve as a buffer between you and the police, ensuring that your rights are protected and that you do not inadvertently provide harmful information.
If the police ask to question you and you are uncertain as to whether to answer their questions voluntarily, assert your right to legal representation by saying, "I am exercising my right to remain silent and would like to consult my attorney." Once you request an attorney, the police are legally required to stop questioning you until your lawyer is present.
If you are unsure whether to speak with law enforcement, it's always in your best interest to consult with an experienced California criminal defense attorney first. Your lawyer can assess the situation, guide how to proceed, and represent you in any interactions with law enforcement.
For more information, contact our criminal defense law firm, Eisner Gorin LLP, located in Los Angeles, CA.
Related Content:
If you have one phone call from jail, call us! If you are facing criminal charges,