Latest / Wrongful Conviction / #195 Wrongful Conviction Podcasts PSA - What to Do When Stopped by the Police (Home Search Warrant)
Transcript
- 0:00Speaker 1: Hi, I'm Jason Flamm and I'm the host of Wrongful
- 0:02Speaker 1: Conviction with Jason Flamm.
- 0:04Speaker 2: And I'm Robbia Jaudry, attorney and co host of Undisclosed.
- 0:08Speaker 2: We want to talk to you today about your rights
- 0:10Speaker 2: and how they relate to interactions with the police.
- 0:12Speaker 1: So, Robbie, say, I'm at home and I hear a
- 0:14Speaker 1: loud banging at the door. The police have announced themselves
- 0:17Speaker 1: and say they have a warrant. Now, besides quickly throwing
- 0:20Speaker 1: on some clothes, I might be asleep or whatever, what
- 0:22Speaker 1: are some of the things that I need to remember
- 0:24Speaker 1: in order to protect myself in the situation.
- 0:27Speaker 2: Okay, So if the police come to your house, the
- 0:29Speaker 2: first thing you want to do is ask for their names.
- 0:31Speaker 2: Don't just let them walk in. I know too many
- 0:33Speaker 2: people who think that's the right thing to do. Open
- 0:34Speaker 2: the door and let them, And don't ever do that
- 0:36Speaker 2: without seeing a signed warrant either for your arrest or
- 0:39Speaker 2: to search the property. Now, remember, if they have a
- 0:41Speaker 2: search warrant, they can only search the things that are
- 0:44Speaker 2: limited to whatever is written in the warrant. So make
- 0:46Speaker 2: sure you read that warrant before they enter, and then
- 0:49Speaker 2: once they enter, always exert your right to remain silent
- 0:53Speaker 2: but quietly observe the search. Just respectfully, stay out of
- 0:56Speaker 2: the way and just watch what they're doing, and then
- 0:58Speaker 2: note down everything in writing afterwards as soon as possible. Now, remember,
- 1:02Speaker 2: please don't need search warrans for items that are in
- 1:03Speaker 2: plain view. So if you have some things that you
- 1:05Speaker 2: wouldn't want cops stumbling over, then maybe keep them out
- 1:08Speaker 2: of sight. If you're being arrested, as always, do not
- 1:11Speaker 2: resist arrest. And if you have been arrested, for the
- 1:14Speaker 2: love of God, ask for an attorney, answer no questions,
- 1:16Speaker 2: and sign nothing. Remember if no one talks, everybody walks,
- 1:20Speaker 2: don't ever be talking cooperating with the police. It can
- 1:23Speaker 2: never help you. They are not your friends. Every single
- 1:26Speaker 2: thing you say and do can and will be held
- 1:28Speaker 2: against you. And if you've been read your Miranda rights,
- 1:31Speaker 2: don't ever wave them. Reaffirm your demand for an attorney
- 1:34Speaker 2: and your right to remain silent.
- 1:36Speaker 1: I'm going to say it again, do not wave your
- 1:39Speaker 1: Miranda rights. Eighty five percent of people do, and it's
- 1:41Speaker 1: always a mistake. It's never a good idea. Don't wave
- 1:44Speaker 1: your Miranda rights. And remember this could actually save your
- 1:48Speaker 1: life or save you from an a mountain of trouble that
- 1:51Speaker 1: we don't want to see you get into. We want
- 1:54Speaker 1: you to stay safe out there. Now, to learn more
- 1:56Speaker 1: and get involved, listen to Undisclosed There's times of information there.
- 2:01Speaker 1: I listen to it. I hope you will too.
- 2:02Speaker 2: And listen to Wrongful Convictions Podcast. So much to learn
- 2:05Speaker 2: from these stories.
- 2:06Speaker 1: These are your legal rights.
- 2:08Speaker 2: Know your rights, understand your rights, and most importantly, exercise
- 2:11Speaker 2: your rights.