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Minneapolis Criminal Attorney and Lawyer

In dealing with the police, understand that law enforcement will take advantage of your lack of legal knowledge. You've probably never been through this before - and they know it. We're here to balance the power by providing you with good information.

Do I have to answer the questions asked by the police?

You have the constitutional right to remain silent. It is not a criminal act to refuse to answer questions. It is a good idea to talk to a lawyer before agreeing to answer questions. You do not have to talk to anyone, even if you have been arrested or are in jail. Only a judge can order you to answer questions.

Can I talk to a lawyer?

You have the right to talk to a lawyer before you answer questions, whether or not the police inform you of that right.

The job of a criminal lawyer is to protect your rights.

Once you say that you want to talk to an attorney, officers should stop asking you questions. Even if you do not have a lawyer, you may still tell the officer you want to speak with one before answering questions.

If you have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency and telephone number of any investigator who visits you, and give that information to your lawyer.

Can the police search my home or office?

The police, or other law enforcement agents, cannot search your home unless you give them permission, or unless they have a search warrant. A search warrant is a court order that allows the police to conduct a specified search. Interfering with the search probably will not stop it and you might get arrested. But you should say clearly that you have not given your consent and that the search is against your wishes.

Your roommate or guest can legally consent to a search of your house if the police believe that person has the authority to give consent. Police and law enforcement need a warrant to search an office, but your employer can consent to a search of your workspace without your permission.

What if the police have a search warrant?

If you are present when agents come for the search, you can ask to see the warrant. The warrant must specify in detail the places to be searched and the people or things to be taken away. Call a lawyer as soon as possible.

In addition, ask if you are allowed to watch the search. If you are allowed to, you should. Take notes, including names, badge numbers, what agency each officer is from, where they searched and what they took. If others are present, have them act as witnesses to watch carefully what is happening.

Do I have to answer questions if the police have a search warrant?

No. A search warrant does not mean you have to answer questions.

What if the police do not have a search warrant?

You do not have to let the police search your home, and you do not have to answer their questions. The police cannot get a warrant based on your refusal to cooperate.

What if the police do not have a search warrant, but insist on searching my home even after I object?

Do not get in the way of the search. If someone is there with you, ask him or her to witness that you are not giving permission for the search. Call an attorney as soon as possible. Get the names and badge numbers of the searching officers.

What if I speak to the police anyway?

Anything you say to law enforcement can be used against you and others. Keep in mind that lying to a government official is a crime. Remaining silent until you consult with a lawyer is not. Even if you have already answered some questions, you can refuse to answer other questions until you have representation.

What if the police stop me on the street?

Ask if you are free to go. If the answer is yes, consider just walking away. If the police say you are not under arrest, but are not free to go, then you are being detained. The police can pat down the outside of your clothing if they have reason to suspect you might be armed and dangerous.

If they search any more, say clearly, “I do not consent to a search.” They may keep searching anyway. You do not need to answer any questions if you are detained or arrested with one important exception. The police may ask for your name once you have been detained, and you can be arrested in some states for refusing to provide it.

What if the police stop me in my car?

Keep your hands where the police can see them. You do not have to consent to a search. But if the police have probable cause to believe that you have been involved in a crime or that you have evidence of a crime in your car, your car can be searched without your consent. Clearly state that you do not consent.

Officers may separate passengers and drivers from each other to question them and compare their answers, but no one has to answer any questions.

Do I have to answer questions if I have been arrested?

No. If you are arrested, you do not have to answer any questions. Ask for a lawyer right away. Repeat this request to every officer who tries to talk to or question you. You should always talk to an attorney before you decide to answer any questions.