What NOT to Do or Say if Approached or Detained by Police

There are many reasons why you might be stopped or approached by the police-and not every police encounter is negative. You might be approached by an officer if you fit the description of a suspect, appear to need assistance, are in an area where a crime recently occurred, have been pointed out as a suspect or are believed to have witnessed a crime. Whatever the reason an officer decides to speak to you, your reaction and the extent of your cooperation can influence how long you're detained.
Don't:

  • Refuse to cooperate, at least during initial questioning to determine the purpose of the inquiry.
  • Argue or display anger or frustration.
  • Make any sudden moves or hide your hands.
  • Over-react. Remember, you are innocent until proven guilty in a court of law.
  • Forget that you have the right to refuse a search of your vehicle and/or any property in your possession.
  • Threaten or become hostile toward the officer.
  • Get out of the car, unless instructed to do so.
  • Talk to the police or answer any direct questions regarding any possible wrongdoing on your part. Politely inform the officers that you will be happy to speak with them once your attorney is present.

If you are being held or have been arrested by the police, don't:

  • Forget that you should be given your Miranda rights.
  • Forget what you have talked about with the officer. Make notes, if possible.
  • Say something or write something down that you'll regret later.
  • Presume that the officer is telling the truth.
  • Try to make a deal with the police. Only a prosecutor can make a deal, and your attorney should be present.
  • Automatically answer every question you are asked. You should have your attorney present. 
  • Think that you can talk your way out of police custody without anattorney.

If you've been detained or arrested, you should act quickly to protect your rights and ensure a strong defense.

Advocating for you.

The Swain Law Office, in Olathe and Lawrence, Kansas, represents clients facing criminal law-related issues in the Kansas City Metro area, including the communities of Olathe, Lawrence, Ottawa, Kansas City KS, Lenexa, Overland Park, Leawood, Shawnee, Mission, and Topeka.

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4106 W. 6th Street Suite B Lawrence KS 66049 T: 785-842-2787 or 866-550-2787