Gavin Howe
If you are stopped by the police, it is important to remain calm and follow their commands. Even if you believe an arrest is unfair, do not resist. This is because, even if the officer was wrong, the arrest itself is not necessarily wrong. If you resist a lawful arrest, you could face charges for resisting arrest, which can be a misdemeanour or a felony, depending on the circumstances.
| Characteristics | Values |
|---|---|
| What to do if you believe an arrest is unlawful | Remain calm and don't resist arrest. You can request that an officer identifies themselves and provides proof that they are a police officer. You can also question their authority to arrest you. |
| What to say after an arrest | "I will not answer any questions without my lawyer". The less you say, the better your case. |
| What not to do | Don't run or hide from the police, or help another person do so. Don't give a false name or a false ID. Don't verbally threaten the officer. |
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What You'll Learn
- If you are arrested, remain calm and don't resist
- You can request that an officer identifies themselves and provides proof that they are a police officer
- You have the right to remain silent
- If you believe an officer's actions are inappropriate, you can question their authority to arrest you
- If you resist arrest, you could face charges
If you are arrested, remain calm and don't resist
If you are arrested, it is important to remain calm and not resist. Even if you believe the arrest is unfair, do not resist arrest. If an officer has made the decision to arrest you, begging or pleading won't help. The only thing you should say after an arrest is, "I will not answer any questions without my lawyer". The less you say, the better your case. This is because the right to remain silent comes from the Fifth Amendment of the U.S. Constitution, which states that "no person... shall be compelled in any criminal case to be a witness against himself".
If the police approach you, it is important to remain calm. Do not run or hide from the police, or help another person do so. If a police officer asks you for identification, do not give a false name or a false ID. Do not verbally threaten the officer. You can, however, request that an officer identifies themselves and provides proof that they are indeed a police officer. If you feel that an officer's actions are not appropriate, you can question their actions and their authority to arrest you.
If you resist arrest, you could face charges for resisting arrest. Some states place resisting arrest under their obstruction or disorderly conduct laws. Resisting arrest crimes can be misdemeanours or felonies, depending on the circumstances. Some states impose misdemeanour penalties for resisting crimes that don't involve violence or force (such as pulling away from an officer's grip) and reserve harsher felony penalties for resisting by use of force or threats of violence. A person who uses more force than necessary can face harsh penalties for assault and battery of a police officer.
Remember, even if the officer was wrong, it doesn't make the arrest wrong. While you may have been innocent initially, by resisting a "lawful arrest", you've now committed a crime. Circumstances can unravel quickly, leading to serious injuries or even death. For this reason, the best place to contest the legality of an arrest is often in the courtroom, not the streets.
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You can request that an officer identifies themselves and provides proof that they are a police officer
If you are approached by the police, it is important to remain calm. Do not run, hide, or help another person do so. If a police officer asks you for identification, do not give a false name or a false ID. Do not verbally threaten the officer. You can, however, request that an officer identifies themselves and provides proof that they are a police officer. If you feel that an officer's actions are not appropriate, you can question their actions and their authority to arrest you.
If you resist arrest, even if you believe the arrest is unfair, you could face charges for resisting arrest. Some states place resisting arrest under their obstruction or disorderly conduct laws. Resisting arrest crimes can be misdemeanours or felonies, depending on the circumstances.
If an officer arrests you illegally, remain calm and don't fight or resist. Begging or pleading won't help. The only thing you should say after an arrest is, "I will not answer any questions without my lawyer". The less you say, the better your case. The right to remain silent comes from the Fifth Amendment of the US Constitution, which states that "no person... shall be compelled in any criminal case to be a witness against himself". Case law such as Miranda v Arizona requires police to inform a person of this right.
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You have the right to remain silent
If you are stopped by the police, it is important to remain calm and not resist arrest, even if you believe the arrest is unfair. Running or hiding from the police, or helping someone else to do so, is classed as resisting arrest. If you resist arrest, you could face charges, even if the arrest was unlawful. Resisting arrest crimes can be misdemeanours or felonies, depending on the circumstances. Some states impose misdemeanour penalties for resisting crimes that don't involve violence or force (such as pulling away from an officer's grip) and reserve harsher felony penalties for resisting by use of force or threats of violence.
If you are arrested, you have the right to remain silent. This right comes from the Fifth Amendment of the U.S. Constitution, which states that "no person... shall be compelled in any criminal case to be a witness against himself". Case law such as Miranda v. Arizona requires police to inform a person of this right. The only thing you should say after an arrest is, "I will not answer any questions without my lawyer". The less you say, the better your case.
If you feel that an officer's actions are not appropriate, you can question their actions and their authority to arrest you. You can also request that an officer identifies themselves and provides proof that they are a police officer. However, do not give a false name or a false ID.
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If you believe an officer's actions are inappropriate, you can question their authority to arrest you
If you feel an officer is acting inappropriately, you can request that they identify themselves and provide proof that they are indeed a police officer. You can also ask for their badge number and patrol car number, as well as the agency they are from. It is also within your rights to ask for the contact information of any witnesses.
The right to remain silent comes from the Fifth Amendment of the U.S. Constitution, which states that "no person... shall be compelled in any criminal case to be a witness against himself". This means that you do not have to answer any questions without your lawyer present. It is often best to contest the legality of an arrest in a courtroom, rather than on the streets.
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If you resist arrest, you could face charges
Resisting arrest crimes can be misdemeanours or felonies, depending on the circumstances. Some states impose misdemeanour penalties for resisting crimes that don't involve violence or force (such as pulling away from an officer's grip) and reserve harsher felony penalties for resisting by use of force or threats of violence. A person who uses more force than necessary can face harsh penalties for assault and battery of a police officer.
If you feel that an officer's actions are not appropriate, you can question their actions and their authority to arrest you. You can also request that an officer identifies themselves and provides proof that they are indeed a police officer. However, it is important to remain calm and not to run or hide from the police, or help another person do so.
If you are arrested, the only thing you should say is: "I will not answer any questions without my lawyer". The less you say, the better your case. This is because you have the right to remain silent, which comes from the Fifth Amendment of the US Constitution, which states that "no person... shall be compelled in any criminal case to be a witness against himself".
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Frequently asked questions
Do not resist arrest, even if you believe the arrest is unfair. Follow the officers' commands.
The less you say, the better your case. The only thing you should say after an arrest is, "I will not answer any questions without my lawyer." The right to remain silent comes from the Fifth Amendment of the U.S. Constitution, which states that "no person... shall be compelled in any criminal case to be a witness against himself."
You can question an officer's actions and their authority to arrest you. You can also request that an officer identifies themselves and provides proof that they are indeed a police officer.
If it turns out you resisted a lawful arrest, you could face charges for resisting arrest. Some states place resisting arrest under their obstruction or disorderly conduct laws. Resisting arrest crimes can be misdemeanours or felonies, depending on the circumstances.
