Your Rights During an Arrest

Know Your Rights: What Happens During an Arrest

Being arrested is one of the most frightening experiences a person can face. Knowing your constitutional rights can help you protect yourself and avoid making the situation worse. Here's what you need to know about your rights during and after an arrest.

Your Constitutional Rights

The Right to Remain Silent (Fifth Amendment)

You have the absolute right to remain silent. You are not required to answer any questions from police, other than providing basic identifying information (name, date of birth, address in some states). Anything you say can and will be used against you in court.

How to invoke it: Clearly state: "I am invoking my right to remain silent." Then stop talking. Do not try to explain, justify, or talk your way out of the situation.

The Right to an Attorney (Sixth Amendment)

You have the right to have an attorney present during any questioning. If you cannot afford an attorney, one will be appointed for you (a public defender).

How to invoke it: Say: "I want to speak with a lawyer before answering any questions." Once you invoke this right, police must stop questioning you until your attorney is present.

Protection Against Unreasonable Search (Fourth Amendment)

You have the right to be free from unreasonable searches and seizures. However, police can search you and the area within your immediate control incident to a lawful arrest. You should:

• Not consent to searches beyond what's legally permitted
• Clearly state: "I do not consent to this search" (but do not physically resist)
• Let your attorney challenge any unlawful search later in court

The Right to Bail (Eighth Amendment)

The Eighth Amendment prohibits excessive bail. For most offenses, you have the right to be released on reasonable bail while awaiting trial. Bail can only be denied in specific circumstances, such as capital offenses or when you pose an extreme danger to the community.

Miranda Rights

Miranda rights are the warnings police must give before a custodial interrogation:

• You have the right to remain silent
• Anything you say can and will be used against you in a court of law
• You have the right to an attorney
• If you cannot afford an attorney, one will be appointed for you

Important: Miranda warnings are only required before custodial interrogation (questioning while in custody). Volunteered statements — things you say without being asked — are admissible regardless of whether you were Mirandized.

What to Do During an Arrest

1. Stay calm: Take deep breaths. Panicking leads to poor decisions.
2. Don't resist: Physical resistance adds charges and can lead to injury. Comply with the arrest.
3. Invoke your rights: Clearly state that you wish to remain silent and want an attorney.
4. Don't consent to searches: Politely but firmly decline consent to search your vehicle, home, or belongings.
5. Don't make statements: Don't try to explain, justify, or deny anything. Silence is your best protection.
6. Remember details: Mentally note the officers' names, badge numbers, and circumstances of the arrest.
7. Contact an attorney: As soon as possible, call a lawyer or request a public defender.

Common Mistakes to Avoid

• Talking too much: The #1 mistake. People think they can explain their way out of an arrest. You can't. Everything you say helps the prosecution.
• Resisting arrest: Even if you're innocent, resisting creates additional charges and escalates danger.
• Consenting to searches: If police ask to search, they may not have the legal right to do so without your consent. Don't help them.
• Making phone calls to discuss the case: Jail phone calls are recorded. Don't discuss the details of your case with anyone except your attorney.
• Posting on social media: Don't post about your arrest, case, or circumstances. It can be used as evidence.

After the Arrest

Once you're booked and processed, your focus should be on:

1. Getting an attorney (or public defender)
2. Securing release through bail or own recognizance
3. Not discussing the case with anyone except your lawyer
4. Following all release conditions if bail is granted