Hi, I'm Jason Flamm and I'm the host of Wrongful Conviction with Jason.
Flamm, and I'm Robbia Jaudry, attorney and co host of Undisclosed.
We want to talk to you today about your rights and how they relate to interactions with the police. So, Robbia, let's say someone's unlucky enough to have witnessed a crime or become a person of interest in a police investigation, someone the police want to speak with in connection with a crime. Now, you've done nothing wrong, and even though logic would tell us that an innocent person doesn't need to protect themselves, we both know that time and time again,
that's often when you need the protection the most. So what are some ways that I, or you, or anyone could protect themselves in this situation.
Well, the first thing you got to figure out is whether or not you're being detained. So ask ask am I being detained? If you're not being detained, ask if you're free to go? Now. The police can detain somebody for a very brief period if they have quote reasonable suspicion of involvement in a crime, But to make an arrest they have to have probable cause. It's a higher standard. If they're questioning you publicly, it's generally considered a detention, and if it's out of you the public, it can
be construed as an arrest. Now, if you're told that you are not free to go, you are being detained or arrested, then you should reassert your right to stay silent and refuse to consent to a search. If you have been arrested, always, always, always, ask for an attorney, ask no questions, and sign nothing. Remember, if no one talks, everyone walks. Just don't be talked into cooperating with the police. I promise you. It can never help you. It can only hurt despite what they may say to you.
And let's not forget they're allowed to lie to you. They're legally allowed to lie to you in the interrogation room. So do not say a word because anything you say ken it will be held against you. That's not hyperbole. You will get yourself in a jam that even we can't get you out of. And we see it, time it again.
And if you've been read your miranda right, don't, under any circumstance waive them. Reaffirm your demand for an attorney and your right to remain silent.
To learn more and get involved. Listen to Undisclosed. I listen to it and I hope you do too.
And listen to the Wrongful Conviction podcast.
These are your legal rights.
Know your rights, understand your rights, and exercise your rights.