What to do if you get arrested?
Help! I got arrested.
First off, do not panic, and always remember that you have the right to remain silent as well as the right to an attorney. These rights can only protect you if you use them; you will never lose anything or hurt your case by exercising your rights.
Do NOT Resist Arrest
If you are being arrested, even wrongfully, you must stay calm and let the officer do most of the talking. Being angry, making sudden movements, or arguing with the police will only lead to more trouble. Still, know your rights when dealing with law enforcement.
In the overwhelming majority of cases, you do not have the right to resist arrest; you may not have that right even if the arrest is illegal. Using force can get you charged with resisting arrest, battery on an officer, or worse, you may become seriously injured yourself.
Do not do any of the following (these actions count as resisting arrest):
Yelling at an officer
Making threatening gestures
Shoving the officer
Pulling away from the officer
Do I have to let the police search me?
Usually, the police will have the right to conduct a search incident to arrest. Before an arrest, the officer may briefly frisk or pat you down for possible weapons. The officer may ask you to consent for a search.
You do not have to consent to a search if you are not being arrested yet. Tell the officer “I do not consent to a search.” It is only after you are officially under arrest that the police have the right to search you.
This may not prevent the officer from conducting the search anyways, but by refusing to give consent, you may have an effective legal argument later on to challenge the search and anything found as a result of it.
Do I have to give the police my phone passcode?
The police might ask you to give your cell phone to them during the arrest. While the officers can confiscate your phone, they typically must get a warrant to actually search the phone.
It’s a good idea to lock your phone or turn it off before handing it over. In most situations, the officer cannot force you to unlock your phone. Ask to speak with your lawyer before unlocking your phone or giving the passcode to the police.
What will happen after I get arrested?
You will undergo a search incident to arrest, meaning you’ll be searched either at the scene, at jail, or both. Any contraband or evidence will be seized.
The police officer will then bring you to the police station and “book” you. You usually will need to wait until after being booked to make phone calls. If you cannot reach your lawyer directly, call a family member or friend who can contact your attorney on your behalf.
At the police station, or even before you arrive in many cases, the police may question you. Every person who has been arrested and questioned by the police must be informed of their legal rights to remain silent and be assisted by an attorney, which are known as your Miranda rights.
Usually, the officer will say something like “You have the right to remain silent. You have the right to an attorney, and if you cannot afford an attorney, one will be appointed for you. If you waive these rights and talk to us, anything you say may be used against you in court. Do you understand these rights?”
If you choose to talk to the police after they have read your Miranda rights, you do not lose the ability to invoke the right to remain silent later. Once you invoke the right to remain silent, all police questioning must stop, and if they continue to question you after you have invoked your right to remain silent, this is illegal.
Remain silent and get a lawyer
At the scene, do not talk to the police about anything other than providing the officer your ID, your name, and your address. After that, politely tell the officer “I wish to remain silent and I would like to speak to my attorney.” Also write down (or try to memorize) the arresting officer’s name and badge number.
Your Miranda rights only apply when you are being asked questions (a.k.a being interrogated) by the police while you are in custody. Even if no one reads you the Miranda rights, do not assume you can speak freely; everything you say can and will be used against you in a court of law.
Ask to speak with your lawyer as soon as possible. You will likely have to wait until after being booked before the police will allow you to make phone calls. If you cannot reach your attorney directly, have a family member or friend contact them on your behalf.
What happens when I get booked?
The police may record the following information:
Your name.
This is necessary to create an official record of your arrest.
Your mug shot
Confiscate some clothes and possessions
You may be able to keep some smaller items if the police allows it.
Your fingerprints, which will be entered into a database
A body search, where you will be patted down.
You may also need to undergo a strip search, which is legal even if you have only been arrested for a minor crime.
Take a health screening.
You might have to do an X-ray or blood tests so that the police can check for diseases
Give a DNA sample.
Some states may require you provide a blood sample as well.
After being booked, ask the police for your phone call. If necessary, you can ask the police for a phone book or a list of criminal defense attorney’s contact info.
If you are held in jail, officials will inventory all personal items until your release.
If you have been brought into custody without being charged, you have not been “arrested”, but rather, “detained.” Your 6th Amendment rights guarantee that the police can only detain you for up to 72 hours at a time until they must release you if you are not formally charged with a crime.
What counts as an arrest?
A police officer does not have to put you in handcuffs or say “You’re under arrest"; legally speaking, an arrest officially happens when the officer takes a person “into custody”. Being in custody just means that a reasonable person in that situation would not feel free to leave.
For example, if a cop puts you in the back of their cop car, you are likely under arrest. Or if the officer tells you “stay here, and don’t go anywhere,” then you are also likely under arrest. If you are ever confused about what’s happening or if it’s unclear whether you’re under arrest, simply ask if you’re free to leave.
When can I be arrested?
A police officer should only arrest someone if:
The officer saw a person commit the crime
The officer has probable cause (reason to believe) that the person committed a felony
A judge or magistrate has issued an arrest warrant, supported by probable cause.
However, even if you think the police officer or the judge made a mistake and arrested you outside of the above circumstances, resisting arrest or arguing with the officer will NOT help you. In fact, you might receive more criminal charges or bodily harm.
Need help getting legal assistance?
We know being arrested is a stressful situation, and you may be tempted or prompted by the police to simply explain as much as possible in hopes of avoiding jail. This is rarely ever to your benefit; you should not try to talk your way out of jail or make any decisions about your case without first speaking to your lawyer.
You should also not participate in a lineup or do anything else regarding your case, until you have consulted a lawyer. If you cannot afford a lawyer, request for a public defender.
