Speaking to Law Enforcement

At Boehmer Law, our Missouri criminal attorneys have handled thousands of criminal cases from speeding tickets, drug charges, sex charges, violent crimes, and even murder charges.  Whether you are in your car, in a public place, or in your home, how you speak, move, and act can make a big difference in how your interaction with Law Enforcement can or will go.

  Here are some ideas we find useful and hope can help you if you ever find yourself in the situation.

• Be cooperative and respectful. Officers have discretion in whether they arrest you for certain offenses. One way to find yourself in handcuffs is to be combative, disrespectful, or rude.  “Please”, “Yes ma’am”, “No Sir”, etc are all phrases that let the officer know you respect their authority and want to cooperate. 

• Remain calm at all times. Interacting with a police officer can be a stressful situation. Some nervousness is to be expected. However, nervous behaviors could be viewed as incriminating evidence.  Do not attempt to walk away unless you are instructed that you are free to go.

• Do not make any sudden movements. The officer doesn't know anything about you, so it's fair for him/her to assume you're armed with a dangerous weapon.  Do not reach for your purse, glove box, console, waist band or pockets without asking permission.  Many times it is best to say something like “Sir, my ID is in my wallet in my back pocket, may I get it?” or “Ma’am, my insurance card is in my purse, may I get it?”.  They may agree, or they may get it themselves—be calm and compliant. 

• You do not have to consent to a search. Without your consent, an officer typically needs a warrant or probable cause to conduct a search. If you consent, you're essentially waiving your Fourth Amendment right.  If you refuse, be polite and firm that you do not give your consent.

• Request an attorney. If an officer subjects you to a custodial interrogation, request an attorney. This limits law enforcement's ability to initiate questioning.

• Are you free to leave?  The easiest way to determine whether you're being detained is to ask the officer if you are free to leave area. If the officer says yes, immediately leave and say nothing else. If the officer says no, then the officer believes that he/she has reasonable suspicion to believe that you committed a crime.

• You do not have to incriminate yourself. If an officer asks you an incriminating question, the best answer may be no answer at all. Respectfully and calmly invoke the Fifth Amendment.  Anything you say can be used against you. 

• You do not have to waive your Miranda rights. This means you do not have to sign a Miranda waiver form or make any statements.

If you or a loved one has been arrested or you need legal help with being questioned by law enforcement, please call Boehmer Law at 636-896-4020 immediately.  Talk with us before you answer questions—the less said, the better off you are.  We offer free initial consultations so do not wait—let the criminal attorneys at Boehmer Law get fighting for you!

The choice of an attorney is an important one and should not be based solely on advertising. The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation.