In 2017, a detective who worked in Queens, NY was arrested on charges that he was warning bars about pending police raids and was paid by those bars for the warnings. Instead of being taken downtown to talk to the boys at the precinct when he was arrested, the detective was taken to a hotel room where he was interrogated without an attorney present for four hours. The person denying the detective his rights to an attorney was the prosecutor who would eventually be sitting across from the detective in court.
That Is How A Detective Was Treated
How did an experienced detective allow himself to get into a position where he was in a hotel room being interrogated without an attorney? When he was arrested, he was told he was going to the precinct and would be allowed to contact his attorney. If this is how the police will treat one of their own just to get a confession, how do you think they will react when an average citizen is arrested?
Under Arrest Or Not?
When a subject is arrested, it is standard operating procedure to treat any statements given before the subject is given their Miranda rights to be inadmissible in court. But even in these instances, the police have tricks they can use to get the information they want.
In a training scenario provided to legal students, they were told that a couple was interrogated in their home in connection with a crime in which they were suspects. For two hours the police interrogated the couple but never gave the couple their Miranda rights. In the exercise, an appeals court ruled that the information obtained in the interrogation was admissible. The reason given was that the couple was told that they were not under arrest when the police arrived. When the police tell you that you are not under arrest, anything you say is admissible in court.
What Can You Do To Protect Yourself?
When the police approach you or knock on your door, you should never say anything beyond simple answers to their questions. Remember that anything you say can be used against you, even if you are not under arrest. Before you talk to the police, you should make sure that you are given your Miranda rights to make sure what you say is not admissible.
But even if you are given your Miranda rights, you should still say nothing to the police until you are allowed to contact a lawyer. The police will try to intimidate you into giving a confession or giving the information they want, but it is important that you stand your ground. You have your rights, and you should insist that you be allowed to exercise those rights while being interrogated.
The police can be persistent when they want information, and they will often bend the rules to get what they want. As a law-abiding citizen, you should stick to your rights and refuse to talk until you are read your rights and you are allowed to have an attorney present.