WEBVTT

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Police are asking to question

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you?

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A genuinely voluntary request

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does not itself require an

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interview.

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Ask whether you are free to

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leave, and get legal advice

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before giving a statement.

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Start by finding out what is

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being requested.

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An invitation to come to the

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station is different from an

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arrest, a lawful investigative

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stop or a subpoena.

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Ask calmly whether you are free

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to leave or decline the

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interview.

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If the encounter is voluntary,

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you can end it.

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If officers detain you, do not

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physically resist.

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Ask for a lawyer and have the

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legality assessed afterward.

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Miranda warnings generally

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apply before custodial

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interrogation.

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They do not precede every

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police conversation.

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A voluntary interview can

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produce usable statements

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without those warnings.

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Whether a particular encounter

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counts as custody depends on

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the circumstances.

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And a warning problem does not

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automatically dismiss a charge.

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A lawyer must assess the

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statement, the applicable rule,

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exceptions and what other

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evidence exists.

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If you choose not to answer

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substantive questions, make

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that decision clear.

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You can say:

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I am invoking my right to

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remain silent.

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I want a lawyer before

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questioning.

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Avoid an uncertain phrase such

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as maybe I should get a lawyer.

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Then do not volunteer an

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explanation of the events.

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Asking for counsel is not an

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invitation to debate the case

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while you wait.

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Stay calm and do not physically

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resist.

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Simply remaining quiet may not

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clearly invoke your rights.

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In a voluntary interview, the

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legal treatment of silence can

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also be complicated.

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Nor does refusing to sign a

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waiver necessarily prevent a

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later spoken answer from being

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used.

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Courts can find a knowing,

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voluntary waiver from words and

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conduct after understood

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warnings.

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If you already gave a

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statement, give your attorney

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the exact details.

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Do not assume that earlier

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conversation is irrelevant.

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Identification is a separate

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issue.

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Some state laws require a

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person to give their name

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during a lawful investigative

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stop.

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That does not create a

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nationwide duty to answer every

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question or always carry

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physical identification.

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The state, the reason for the

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stop and what officers demand

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matter.

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Traffic stops and special

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settings need their own

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analysis.

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Do not turn a general statement

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about silence into a blanket

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refusal of every lawful

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requirement.

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Do not ignore a subpoena or

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court order because an ordinary

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interview can be voluntary.

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Preserve the complete document

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and obtain legal advice

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promptly.

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There may be a proper way to

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challenge a demand or claim a

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privilege,

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but you should not assume that

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simply staying away is enough.

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Confirm any change through the

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proper process.

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A lawyer can distinguish a

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request, compulsory process and

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the protections that apply.

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Keep the officer’s name,

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agency, contact details, what

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was requested and any deadline.

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Preserve original letters,

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messages and recordings you

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already lawfully hold.

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Do not delete or alter evidence

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or coordinate a false account.

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Do not lie:

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knowingly making a materially

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false statement in a federal

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matter can itself be a crime.

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If you are uncertain, do not

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guess.

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Give your lawyer a complete and

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truthful account privately.

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First, clarify whether the

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contact is voluntary and

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whether any document requires

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action.

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Second, if you choose not to

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answer substantive questions,

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state your rights clearly and

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avoid discussing the facts

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further.

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Third, promptly contact a

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criminal defense lawyer in the

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relevant jurisdiction.

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Explain whether you have been

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arrested, received papers or

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already given a statement.

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If cost is a problem, ask about

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eligibility for appointed

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counsel and local assistance;

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do not assume a voluntary

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interview includes an automatic

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appointment.

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Read the answer and sources at

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Legal Hotline dot com, with a

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hyphen between Legal and

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Hotline.

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Our United States number is on

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screen for free general legal

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information.

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Legal Hotline is an information

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service, not a law firm.

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