Arrest
You are being placed under arrest by law enforcement.
- 1.Do not physically resist, even if you believe the arrest is unlawful — you can challenge it in court
- 2.Clearly and calmly state: "I am invoking my right to remain silent"
- 3.Clearly state: "I want an attorney" — say this once clearly and then remain silent
- 4.Do not answer any questions without your attorney present
- 5.You may be searched incident to arrest — this is legal
- 6.If handcuffed, do not struggle
- 7.Remember details: officer names, badge numbers, what you are told
Your Rights
- ✓Miranda rights: 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.
- ✓Right to know the charges against you
- ✓Right to a phone call
- ✓Right to be brought before a judge within a reasonable time (usually 48-72 hours)
- ✓Right to be free from excessive force during arrest
Key Phrases to Use
"I am invoking my right to remain silent."
"I want an attorney. I will not answer questions without my attorney present."
"Am I under arrest? What are the charges?"
"I do not consent to any searches beyond what is legally required."
What Officers Cannot Do
Use excessive force during arrest
Deny you access to an attorney once requested
Continue questioning after you invoke your right to remain silent
Hold you for an unreasonable amount of time without charging you
Threaten or coerce you into waiving your rights
Key Cases
Court rulings related to this situation.