What to do if you are arrested in USA

In the United States, if you are arrested, here are some key things to remember:

1. Stay Calm and Polite:

Being arrested is a stressful and frightening experience. Here’s why staying calm and polite is important, and how to do so:

Why Stay Calm and Polite?

Clear Thinking: Remaining calm allows you to think clearly and make informed decisions. It helps you remember your rights and avoid saying anything that could be used against you.
De-escalation: A calm demeanor can help de-escalate the situation and minimize the chance of the arrest becoming more confrontational.
Respecting Authority: Being polite shows respect for the officer’s authority, even if you disagree with the arrest. This can lead to a more professional interaction.

How to Stay Calm and Polite:

Take a Deep Breath: Take a few deep breaths to center yourself and control your emotions.
Speak Slowly and Clearly: Avoid yelling, arguing, or using profanity. Speak slowly and clearly when you do need to communicate.
Use Respectful Language: Address the officers as “Sir” or “Ma’am” and avoid making accusations or insults.
Focus on Your Rights: Politely but firmly assert your right to remain silent and request an attorney.

2. Know Your Rights:

In the USA, knowing your rights is crucial if you are ever arrested. Here’s a breakdown of your key rights and how to assert them:

1. Right to Remain Silent:

You have no obligation to answer questions about the alleged crime the police ask you about.
You can politely assert this right by saying: “I do not wish to speak.”
This protects you from accidentally saying something incriminating.

2. Right to an Attorney:

You have the right to have a lawyer present during questioning.
You can assert this right by saying: “I request an attorney.”
If you cannot afford an attorney, one will be appointed for you.
It’s best to wait to speak to the police until your lawyer is present.

3. Limits on Search and Seizure:

You generally have the right to refuse consent to a search of your person or belongings.
The police need a warrant to conduct a search unless they have probable cause to believe you have committed a crime, or evidence is in plain view.
If you are unsure, politely say: “I do not consent to a search.”

Here’s how to politely assert your rights during an arrest:

Stay calm and be polite: Address the officers as “Sir” or “Ma’am” and avoid yelling or arguing.
State your rights clearly: Simply say: “I do not wish to speak” and “I request an attorney.”
Stop talking: Once you assert your rights, politely but firmly stop answering questions.

Important things to remember:

Don’t resist arrest: Resisting arrest can lead to additional charges and injuries.
You have the right to identify yourself: Provide your name and address, but you don’t have to answer other questions.
Remember the details: Try to remember what happened during the arrest and what the officers said or did. This information can be helpful for your lawyer later.

3. Do Not Resist Arrest:

Being arrested is a scary situation, but resisting arrest can make things worse. Here’s why it’s important to comply and what to do instead:

Why Not Resist Arrest?

Safety: Resisting arrest can lead to injuries for yourself and the officers. The police are trained to use force to control a resisting suspect.
Additional Charges: Resisting arrest is a crime itself and can result in additional charges on top of the original offense.
Escalation: Resisting can escalate the situation and make it more difficult to assert your rights later.

What to Do Instead:

Comply with Instructions: Follow the officers’ instructions and avoid any sudden movements.
Assert Your Rights: Politely but firmly state your right to remain silent and request an attorney. You can say: “I do not wish to speak and I request an attorney.”
Remain Calm: Focus on staying calm and collected. Take deep breaths and avoid yelling or arguing.

If You Disagree with the Arrest:

Don’t argue with the police: Arguing won’t change the situation. You can address your concerns with your lawyer later.
Document the Arrest: If possible, try to remember the names of the arresting officers and any witnesses. You can also ask someone to record the arrest on their phone, but prioritize your safety over documentation.

4. You Can Make Phone Calls:

In most jurisdictions across the USA, you have the right to make a phone call after being arrested. However, there are some limitations and procedures to be aware of:

Right to Phone Calls:

The right to phone calls stems from the Fourteenth Amendment’s guarantee of due process.
This right allows you to contact someone, typically a lawyer or family member, to inform them of your arrest.

Limitations:

Number of Calls: The specific number of calls you can make may vary depending on your location. Some states allow multiple calls, while others may limit it to one.
Local Calls: You are usually only entitled to make local calls at no expense to the police department. Long-distance calls may require collect calls or using your own funds.
Timing: While the right to a phone call exists, there may be a reasonable delay before you can make the call due to booking procedures.

Making the Call:

Police Discretion: While you have the right to make a call, the police may have some discretion on when the call can be made due to processing procedures.
Who to Call: You can choose who to call, but it’s wise to prioritize contacting a lawyer to advise you on your rights.

Important Reminders:

Assert Your Right: You may need to politely request to make a phone call. Don’t wait for the police to offer it.
Don’t Discuss the Case: Avoid discussing the details of your arrest during the phone call.
Document Everything: If your right to a phone call is denied, remember the details and inform your lawyer later.

It’s important to consult with an attorney for specific legal advice regarding your situation and the laws in your jurisdiction.

5. You Don’t Have to Consent to Searches:

You are absolutely right. In the USA, you generally have the right to refuse consent to a search of your person or belongings after you are arrested. This is a crucial protection against unreasonable searches and seizures guaranteed by the Fourth Amendment.

Here’s a breakdown of your right to refuse consent and some things to keep in mind:

Protection from Unwarranted Searches: The Fourth Amendment protects individuals from unreasonable searches and seizures. Refusing consent limits the police’s ability to search you or your belongings unless they have a warrant or probable cause.
Probable Cause vs. Warrant: The police need a warrant to conduct a search unless they have probable cause to believe you have committed a crime, or evidence is in plain view.
Your Choice: You have the right to decide whether or not to consent to a search. The police cannot pressure or coerce you into giving consent.

How to Assert Your Right to Refuse a Search:

Stay Calm and Polite: Even if you disagree with the arrest, stay calm and address the officers politely.
State Your Refusal Clearly: Simply say: “I do not consent to a search.”
Stop Talking: Once you refuse consent, politely stop engaging in conversation about the search.