When you are confronted with a police officer, a typical reaction is to start talking and sharing your story. Hardly anybody believes they committed a crime or did anything wrong, so most people believe that all they need to do is clear up the misunderstanding with the officer. Unfortunately, this approach usually results in an arrest and possible jail time.
A law professor argues that police are not neutral investigators and are instead a wing of the prosecutor. The prosecutor is primarily concerned with convictions, not on necessarily finding the truth. You don’t want to fall into their trap.
Moreover, the prosecutors were bolstered by a recent Supreme Court case, which permits them to raise, as evidence at trial, the fact that you assert Fifth Amendment right to remain silent. This new rule completely undermines the purpose of the amendment, which is to prevent the government from prejudicing the jury against suspects.
As a result, the professor warns that you should not even assert your constitutional rights. All you should do is give your name and briefly state your purpose. You are legally bound to answer those questions but no others. If the officer continues to ask questions, you should only respond that you want your attorney.
If you were arrested, you should not share anything with the police. The police will only question you to gain more information on your alleged crime. As you can see, the police are not there to find the truth but to gather evidence that bolsters the prosecutor’s case. A lawyer can help you craft your legal arguments and defense to ensure that you maximize your chance of success during plea negotiations or at trial.
