Cooperate, but don’t incriminate! As attorneys who practice criminal law in New York, we know that law enforcement officers have a duty to protect the community they serve, its citizens and their property.
New York criminal law lawyers are aware that the law gives police certain powers to help them perform that duty. They have the power to approach persons and ask them questions. Simply because you are approached and questioned by the police does not mean you are suspected of having committed a crime.
All citizens are encouraged to cooperate with the police to see that those who break the law are brought to justice, and the police rely on law-abiding citizens to do so. But you are not required to incriminate yourself.
YOU MAY REFUSE TO ANSWER ANY QUESTION IF THE ANSWER WOULD TEND TO INCRIMINATE YOU.
Suppose you are walking down a street when a police officer confronts you and announces: “Stop. I need to ask you some questions.”
A person is “stopped” when an officer uses enough force, or a show of authority, to make a reasonable person feel he or she is not free to leave. In this example, the officer called out for you to stop, and may have used his or her authority to make you do so. If the officer pulled out a weapon or used a threatening tone of voice, it would be even more clear that a stop has taken place.
Because the officer is interfering with your liberty to move about, he or she should first have a reasonable suspicion that you have been involved in a crime.
This suspicion would need to be supported later (if the matter should wind up in a court) by the officer’s reference to specific facts prompting such a suspicion.
The police do not have to tell you that you are a suspect or that they intend to arrest you, but if they use force or a show of authority to keep you from leaving, it is likely they consider you a suspect. They may consider you a suspect even if you were the person who called the police.
If they read or tell you your Miranda rights, they suspect you have committed a crime.
Just as when an officer merely approaches and questions you, you have the right, if you are stopped, to refuse to answer any questions if the answer would tend to incriminate you.
Further, anything you say can be used as evidence against you.
Sometimes people think that what they are saying won’t incriminate them, when in fact, what they say provides a link in a chain of information that could incriminate them.
Even if you believe the officer has no grounds to stop and question you, do not argue with or resist the police.
Arguing or resisting the police will not help you; it may increase your chances that the police will arrest you and bring criminal charges against you. It will probably also give them grounds to bring even more criminal charges against you, and it may make it harder for you to get out of jail on bail if you are charged.
Once officers no longer have grounds to detain you, they should tell you that you are free to go before asking if they can search you or your car.
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