The Constitutions of the United States and Oklahoma each guarantee our citizens certain basic rights, including the right to counsel , the privilege against self-incrimination (i.e., the right to remain silent), the right to be free from unreasonable searches and seizures, etc. In matters of criminal law and investigation, you must know your rights. There is no dispute that most law enforcement officers protect the public by investigating and prosecuting crimes. Some officers, however, can misinterpret your actions or statements, or they can be overzealous during an investigation. Police officers and other law enforcement wield significant authority, but they must observe your rights if you exercise them. Some important rights include:
Right to Counsel: The Sixth Amendment gives you the right to have counsel before giving any statements or submitting to questioning. Exercise your rights. You NEED an attorney BEFORE you make any statements to the police.
Right to Remain Silent: You are not required to talk to the police when questioned about a crime. Exercise your rights. Do NOT give a statement. The Fifth Amendment and the Miranda decision of the Supreme Court generally state that the Fifth Amendment protects the innocent man, as well as the guilty. Anything you say likely will be tape recorded or videotaped with or without your knowledge. (Likewise, do NOT discuss facts of an alleged crime with family members, friends, co-workers, spouses, children, your accountant, etc. There is no privilege to protect your statements to these persons, so exercise your right to silence.)
Do NOT Give a Voluntary Statement: The Miranda warnings do NOT apply to voluntary statements. If you are not under arrest or otherwise "in custody," then those statements can be used against you even without reading Miranda. Anything you say likely will be tape recorded or videotaped with or without your knowledge. If you do give a statement, remember that a false statement is a crime in most settings. To avoid problems and legal fees later, don't give any voluntary statements.
Do NOT Give a Polygraph or Lie-Detector Test: A polygraph is NOT admissible in court. Even if you pass a polygraph, police will not necessarily clear you. Because there are ways to "beat" the test, the police will not rule you out if you are a suspect.
Do NOT Give any Samples––Body Fluids, Blood, Fingerprints, Handwriting Samples, Clothing or Shoes, etc.: The Fourth Amendment protects against unreasonable searches and seizures, and the Fifth Amendment protects against self-incrimination. While these samples may possibly be compelled by the court, do NOT give samples (1) without obtaining a lawyer to represent your interest or (2) without a court order. Even with counsel, there are situations when samples simply should NOT be given. Samples given with your permission are admissible in court. Also be careful because forensic sciences are not without fault. There are numerous cases throughout the U.S. where innocent people have been wrongfully convicted and even sentenced to death on flimsy hair or other samples. BEWARE.
Do NOT Allow Searches or Seizures: Again, the Fourth Amendment protects you from unreasonable searches and seizures. Unless an officer presents proper credentials and a search warrant, do NOT allow any search of your body, home, garage, business, computer, car, boat or other dwelling or conveyance or property. ONLY if the police have a valid search warrant is it appropriate to give permission to search. If there is a warrant, ask to read the papers before granting permission. Then ask the officers if you may watch as they search and ask to call your lawyer before the search. You never know whether your spouse, children or perhaps a friend or acquaintance (or even a stranger) may have placed or left contraband or other evidence of crime in or on your property. Although less likely, a "bad" cop could also "plant" evidence; therefore, NEVER allow a search without a warrant. If asked whether it will be okay to search, JUST SAY NO!
Do NOT Give Press Interviews: Americans are naturally drawn to the spotlight when given an open microphone. You have the First Amendment right to free speech, but consult your attorney BEFORE giving press or other interviews. Your attorney must weigh the options before commenting on the facts. There are times when it may be appropriate and recommended to cooperate with the press, but timing is everything. If contacted by media, you naturally will want to "clear" your name. Do not let the camera or reporter entice you. Your comments could end up on the editing room floor. Consult counsel first. Counsel must be media savvy to protect your interests in high profile or no-profile cases. Let them do the talking.
Be Truthful with Your Attorney: Your attorney cannot help you unless the attorney knows the facts. You may think you can "protect" your interests by withholding information from your attorney, but that generally results in your attorney being surprised at inopportune times, such as during a hearing, deposition or trial.