Most criminal suspects “talk” themselves into being arrested. If they police have enough probable cause to arrest you, then why do they need a statement from you. I cannot stress to you the importance of this rule. Do not talk! Do not attempt to convince the officer of your innocence. Everyone is innocent, no one should be arrested and no one should be in jail and that is all the officer hears all day every day. He / she does not care generally whether you are innocent or guilty and there is nothing that he / she can do at this point. Most times, when people speak to officers they say something that makes their situation far worse. Keep your mouth shut, there will be plenty of time to talk later.
It is perfectly legal for the police to lie to get you to make an admission. The police frequently separate two friends and tell one the other one ratted him/her out. Because of the lie, the other friend now rats the first friend out. Police and detectives also state that "it will be easier" to talk now; “better for you” to cooperate; they are “here to help you.” These types of statements by police are all attempts to get you to make a statement that make be determined to be an admission of guilt.
Do not allow the police to search anywhere! If the police officer asks, they do not have the right to search and must have your consent. If you are asked make sure you proclaim to any witnesses that "You (the police) do not have consent to search." If they perform the search anyway, that evidence may be thrown out later. Also, if you consent to a search, the officers may find something that you had no idea you had placed somewhere ( ie: marijuana left by a friend).
If the police are confident you have committed a felony, they are coming in anyway, because they generally don't need an arrest warrant. Make it clear to the police by stating: "No you may not come in", or "I am comfortable talking right here", or "You need a search warrant to enter my home."
If you are arrested outside your home, do not accept any offers to let you go inside to get dressed, change, get a jacket, call your spouse, or any other reason. The police will of course escort you inside and then search everywhere they please, again without a warrant. Likewise decline offers to park or secure your car safely, if it is legally parked and you do not want it searched.
Jeremy W. Armstrong is a former prosecutor with the Alabama Attorney General's Office's, Capital Litigation Division and Montgomery County District Attorney's Office. Mr. Armstrong's practice has an emphasis on federal crimes, state crimes, juvenile crimes, criminal appeals, post conviction appeals and wrongful conviction litigation. Mr. Armstrong has a reputation in representing individuals charged with serious crimes such as homicides, drug crimes, sex crimes, theft crimes and DUI's. Mr. Armstrong also represents individuals seeking parole and/or a pardon and representing individuals in overturning wrongful convictions based on D.N.A. evidence. He has been a Criminal Defense Lawyer since October 2000.