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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (Oct. 1, 1987)
What to do (and not to do) if you are arrested If you are arrested it is your liberty on the line, and the food in jail is bad. A G reat M oustache D eserves T reatment Introducing BENTONS M O U S T A C H E GR OOMI N G C R t A M B Y B R A D L E Y J. W O O D W O R T H . Esq. For a HEALTHIER LOOKING. J vs l one dab w ill enhance SOFTNESS. HEALTHIER FEELING M oustache SHINf & MANAGEABILITY A re you being “ stopped’' or “ arrested” ? In general, the police can “ stop” anyone they reasonably suspect has committed or may very soon commit a crime. Such a stop is not an arrest (though it may lead to one), and usually consists only of a few questions. You do not have to answer any such questions. but whether it is a good idea in a particular situation depends on many factors. If you are sure you have done nothing wrong, it may be easier to answer a few questions and be on your way. If the questioning EXCLUSIVELY by mail order_______________________________________ BENTON'S MOUSTACHE GROOMING CREAM Q ly _____________(g > $ .9 5 e a $ + Shipping Total Cost (40m l/1 4»l oz ) (Check nr Mon ty Ordei) S RUSH to: Box 1708. 315 Prospect S i , Bellingham. WA 98227 Name Address City/St/Zip Birthdale Day BKYmVs Month .CouM$et is about a serious crime, or you are not sure if you might have done something wrong, you may not want to answer any questions except to identify yourself. As you might guess, people anyone else in the jail — what you say to a who won't answer any questions during a cellmate or anyone can be used against you. "stop" sometimes appear suspicious to the Sometimes prisoners can trade information they police, who might decide to take you into get from you to the prosecutor for favors or plea custody. bargaining, or other people in the jail could be An "arrest" occurs when the police take you police informants. If all this sounds a bit para into custody and w ill not let you leave. If you noid, just remember that when you are arrested are in doubt, always ask the officer if you are it is your liberty on the line, and the food in jail under arrest. If you are not under arrest, then is bad. you are free to leave. If you are under arrest, The law of search and seizure is fantastically you have a nearly absolute right to remain si complex, so just a few general words can be lent. This is one bit of legal advice on which said about it here. Usually, to search your home most all lawyers agree: do not give up your right the police must have a warrant. Sometimes police will ask permission to search. Unless you to remain silent until you have talked with a are positive there is no reason not to show them lawyer! When you are arrested the police will your home, do not consent to any search. almost always "read you your rights" (the Merely state: “ Ido not consent to any search of Miranda warnings we all learned from TV). my (home, person, automobile)." Do not ex Your right to remain silent can be invoked by plain your refusal, or be tricked into consenting you at any time. Even if you have given up the right by talking with the police, you can — and by the cop who says, "If you have nothing to should — stop talking at any time. Simply state: hide you should let us search" or, "If you don't "I have nothing further to say until I consult an consent we’ll just be back with a warrant." Fine, let them come back with a warrant, if they attorney." The police must then stop question ing you. But if you keep talking, you have again can get a judge to issue one. If your car is given up your right to silence. The law says that stopped, the police can look around the plain view areas. Do not consent to any search of the if you instigate conversation about the crime you’re accused of. then the police can question glove box. trunk, under seats, or any closed containers in the car or on your person. A closed you. and use whatever you say against you. In one case, a defendant had stopped talking until container might be a purse, briefcase, luggage, film canister. If you open your briefcase and it he saw a lawyer, but gave up his silence rights contains closed containers, do not consent to a when he asked the police, “ What’s going to search of the containers within the container. happen to me next?” There is only one way to Never actively resist a search, even if you think remain silent: say nothing, ask nothing. The reasons to remain silent are many: most it is wrong. Simply state and repeat as needed that you do not consent to any search. If the important, you can end up convicting yourself search is illegal, the evidence probably cannot by your own words. I have seen very many be used against you. cases where the police had probable cause to One exception to the rule requiring a warrant arrest, but just did not have the proof beyond a is a "pat down” search of a person being stop reasonable doubt needed to convict. Time and again, the missing pieces were provided by the ped or questioned. Police do have the right to defendant’s own statements. If you make state frisk for weapons to help ensure their safety. If you are arrested, the police can search your ments to the police after being told you can be person, but again, object to any search of a silent, the police can and will use those state closed container they find. ments against you. It can be very hard to follow these suggestion At the risk of sounding cynical, you should when you are nervous, afraid, and faced with know that even the "friendly" police officer the awesome authority of police who want to will use your statements against you. Some police will adopt a very friendly attitude toward arrest you. Practice saying the key phrases out loud (no kidding). "Ido not consent to any you. and give you the feeling that if you just explain what went on, they will understand and search of my car/house/person." "I have no thing to say until I consult a lawyer." "I do not let you go. DON’T FALL FOR IT. I recently had a client who pleaded guilty to a prostitution want to make any further statement.’ "I want a lawyer." Imagine being in the situation where charge (he was the "john") because, after be you might need to say them, and find the right ing advised ofhis rights, he told the "friendly" words for you. In this way, hopefully, you can officer exactly what he was looking for. how avoid making nervous comments that are not in much he expected to pay for it. where it was your interests, or waiving your important rights going to take place and blah. blah. blah. He under the Constitution. could never have been convicted without his own statements, but certainly would have been Next Month: Personal Injury Lawsuits with them. Remain silent. It is not in your The author is an attorney in private and interests to chat with police when you are ar maintains offices in the Lloyd Center area. • rested. Also, don’t talk about your charges with 3029 S.E. 21st Portland, Oregon 97202 (1 block north of Powell Blvd.) Tri-Met bus #9 phone 232-9051 Open 10-8, Monday to Saturday 12-7, Sunday DATING LINE 1-976-GAYS ( 4297 ) new ads The w est’s largest & most popular telephone recorded personal ads — only $2.94 P er Call call 24 hrs. Just Oui • 29 • October. IVK7 Y
