Tag Archives: police

Can a guest allow the police to search your house?

I had the question asked: can a guest who is staying in your house allow the police to search? What about if they were to call the police and invite them to search? Would that evidence still be admissible against the homeowner?  Apparent authority is the key This is more than just a yes or […]

Miranda rights – How to keep your mouth shut (part 3 in a series)

In the first two parts of this series, I’ve discussed the law of the Miranda rights and when the Miranda rights apply.  Now, it’s time to talk about how to invoke your rights if you choose not to talk… and you probably shouldn’t as we’ll discuss in part 4).   Who can invoke your rights? […]

Should I give a statement to the police?

What’s wrong with giving a statement to the police? If I didn’t do anything wrong, what’s the harm in giving a statement to the police?  Even if somebody doesn’t want to press charges against you after an incident, giving a statement to the police isn’t a good idea.  Why? Several things… First, it’s not up […]

What is the difference between reasonable suspicion and probable cause?

Reasonable suspicion is what they need to detain you. Probable cause is what they need to search. Slightly different burdens and a slightly different analysis. If you’re contacted by the police, your first question should be, “Am I free to go?” If the answer is yes, then you are free to walk away. If they […]

Should you talk to the police?

I still get this question all the time – “If I’m completely innocent, why shouldn’t I make a statement to the police?” I’ve written before about calling a detective back and the risks there. But what about answering questions in person if you’re contacted during an investigation?  Should you talk to the police if you […]