What rights do I have after I am arrested?

Being arrested does not change the rights you have, but it does make understanding those rights much more important. You do not have to wait to be read Miranda rights before you can exercise your right to remain silent. But just not answering questions doesn’t fully invoke those rights.

You want to specifically state that you are exercising your 5th Amendment right to remain silent and that you will not answer any questions without first consulting with your attorney. When you are arrested, police might also want to search your car, your home, or other property. You do not have to consent to a search. If police ask for permission, you should generally say no. Be polite, but be firm.

The best defense attorneys ask questions that police don’t.

What should I do if I am arrested? If you are arrested or detained by police, stay calm and do not resist physically. Even small physical actions can be misinterpreted as resistance or as potential threats. It is important to exercise your right to remain silent, and to ask to speak with your attorney. Simply saying “I don’t want to answer questions” can still leave the door open… Read More

What does a search warrant allow police to do? A judge or magistrate in Utah can issue a search warrant that authorizes police to search a specific location and to seize items, objects, records, or other evidence relating to a crime. Utah’s Supreme Court has stated that without a warrant, a search and seizure conducted by police is presumptively unreasonable. Without a warrant, a prosecutor must be able to… Read More

Should I talk to police about what happened? It is not always easy to tell if police view you as a suspect, a victim, or as a neutral witness. The safest advice is to talk with an attorney before talking with police about what happened or answering their questions. In many circumstances, there is not an immediate need to provide police with information. You are safer if you… Read More

Can police use evidence if they obtained it illegally? Utah courts will suppress or exclude evidence if a judge determines that police obtained it through conduct that violates the Fourth Amendment rights of the person charged. Additional evidence that police find as a result of an initial search conducted in violation of the defendant’s Fourth Amendment can also be suppressed by a judge as “fruit of the poisonous tree.”… Read More