After you are arrested, the police will likely attempt to collect information from you relating to your case. For instance, the police may ask you questions, request that you provide blood and/or saliva samples, or place you in a lineup. While it may be your inclination to cooperate with the police in any requests they make of you during your post-arrest detention, you should be aware that there are methods of police investigation with which you are under no compulsion to comply, even while in police custody. Given that information you voluntarily reveal during your detention may be used against you at trial, it is crucial that you are aware of your rights and obligations post-arrest so that you do not needlessly hamper your defense.
The United States Constitution grants you rights against self-incrimination and unlawful searches. These rights protect you from police interrogation and unjustified searches while you are under arrest.
After you are arrested, the police may try to question you and seek your consent to conduct a search of your property. Based on the abovementioned constitutional protections, you are under no compulsion to allow police to interrogate you or search your property without a warrant. Therefore, you should not agree to be interrogated outside the presence of your South King County criminal attorney, and you should not allow police to search your property unless they produce a valid search warrant. Other than providing basic identifying information, such as your name and address, do not respond to police questioning. The police cannot force you to comply with an interrogation, and your silence cannot be used against you at trial. Similarly, no negative inference can be drawn from your refusal to allow a warrantless search.
Police have legal authority to place you in a line-up and take your fingerprints, samples of your handwriting, and voice exemplars. The police may take these actions with or without your consent, and you should comply if they request your cooperation. If you refuse to do so, should your case reach trail, the prosecution may be able to argue that your refusal to comply with the police’s investigation is evidence of your guilt.
If you need legal assistance defending a drunk driving charge, please contact South King County criminal attorney for a free consultation.