Officers Count On You Admitting to Being Involved In Order to Make Their Arrest
For an officer to contact you they need Reasonable Articulable Suspicion which exists when a police officer believes that a person has been, is, or is about to be engaged in criminal activity based on specific and articulable facts and inference.
Examples of reasonable articulable suspicion are:
Broken taillight, missing plates, expired tags, weaving lanes, changing lanes without signaling
Being in a high crime area and running away from an officer
Police were called to your home on a call of domestic violence, assault, child abuse or battery
Once an officer contacts you they are looking for Probable Cause to Arrest you which exists when a peace officer has a reasonable belief that a person has committed a crime.
Examples of probable cause are:
Admissions to committing a crime. This is the number one way officer's develop probable cause. More often than not people waive their right to silence and making damning admissions that lead to their arrest.
Examples of admissions:
DUI: Admitting to drinking prior to driving. Admitting to coming from a bar. Admitting to how many drinks you had. Admitting to smoking marijuana prior to driving. YOU HAVE A RIGHT TO SILENCE.
Domestic Violence: Admitting to hitting your accuser, even if in self-defense. Admitting to be in an argument with the person. Admitting to any involvement in the alleged conduct. BEFORE YOU SPEAK TO THE POLICE SPEAK WITH PALOMA. 720-900-4861.
Officers may also develop probable cause through eyewitnesses, gathering video/photos, DNA or fingerprints. However, more often than not officers count on you waiving your right to silence and making statements they can later use against you. Remember police can lie to you and often will in order to get you to admit to something.
Once an Officer has developed probable cause they will place you under arrest. Sometimes an officer will read you Miranda rights, however this is not alway true. An officer may not read you Miranda rights and instead wait for you to make what is called a spontaneous statement, more often than not a person will become nervous once they are in police custody and start saying things like "I didn't do it" or "it wasn't my fault" or "I didn't mean to hit them." These statements are fully admissible in Court and can be used against you. It is important to remain silent and ask for your attorney.
If an officer does read you your Miranda rights they may ask you to waive your rights and "explain your side." Doing this can lead to problems down the line. Before you speak to the police speak to Paloma at 720-900-4861. You have the right not to speak to police and ask for an attorney.
If you are under investigation or have been arrested CALL PALOMA LAW TODAY AT 720-900-4861.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Paloma Law and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Comments