I’ve been practicing criminal law for many years either as a prosecutor or defense attorney.  I’ve never heard many strange stories about what some people do when they’re arrested.  No one plans to be arrested, and chances are you will not be arrested, however you should consider which you would do if you are.  The best advice is to do what you are told.  But, there are some things you should to not do. 

1.       If you’re confronted with arrest, don’t try to run.  It’s highly unlikely that you can outrun an entire police department communicating through radios.  Even worse, the police may think you are armed with a weapon and you risk injury from overzealous police. 

2.       Keep quiet.  Some of the hardest cases to defend of those where a suspect gets a very talkative.  Incredibly, many people start talking without being asked a single question.  Save your talking for a lawyer. 

3.       Do not try to convince the police of your innocence.  Once you’re under arrest, he’s not interested.  Otherwise, he would have no reason to arrest you.  The police are not the ones that decide the ultimate question of guilt or innocence.  It is just not their job.  I have never known a policeman to be convinced of someone’s innocence after he had just arrested that person.  If you feel the urge to attempt to convince the police that they have made a mistake, you will more likely say something that will hurt your case.  Tell your story to a lawyer. 

4.       Do not give permission to anyone to search anywhere. If you’re asked by a policeman to search, it probably means that he does not have the right to search and needs your consent. 

5.       If the police are searching your home are your car, do not look at the places you do not want them to search.  They are watching you.  All you will do is give them a clue where to look.  Do not react to the search at all and do not answer questions like “Who does this belong to?”

6.       Do not resist arrest.  Do not push at a police officer and do not try to move away if you’re being cuffed.  If it you push or slap at an officer, you may find an additional charge against you of assault or battery.  Battery on a police officer carries a mandatory jail time.  You also risk injury to yourself if an officer attempts to defend himself. 

7.       Do not believe what an officer tells you in an attempt to get you to talk.  The law permits them to lie to a suspect.  They will do so with a straight face.  Once you are under arrest, an officer will only question you to get more information to bolster his case against you.  He will often tell you that he can help you in order to get you to talk.  More often than not, he has no interest in helping you once you have talked.  Tell him you would like to talk to him, but, with your lawyer present. 

8.       Resist all temptations to mouth off to the police.  Police have a lot of discretion as to what charges are brought.  Mouthing off makes them angry and they are more likely to charge you with a more serious offense, if possible.

9.       It is to police come to your home, resist the temptation to invite them inside.  Also, you should not step outside.  Unless the police have an arrest or search warrant, they cannot go into your home.

10.   If you are arrested outside of your home, don’t accept any invitation which would allow you to go back into your home, such as getting your wallet or to change clothes.  The police will politely escort you into your house and proceed to search anywhere they please, again, without a warrant.  Also, decline offers to secure your car.