Understanding your constitutional rights during an arrest can make a significant difference in your case. Here's what you need to know to protect yourself.
Your constitutional rights
The Fifth Amendment: right to remain silent
You have the absolute right to remain silent. You are not required to answer questions from law enforcement beyond providing your name and identification.
What to say: "I am exercising my right to remain silent. I would like to speak with an attorney."
The Sixth Amendment: right to an attorney
You have the right to legal representation. If you cannot afford an attorney, one will be appointed. Never waive this right.
What to say: "I want to speak with my attorney before answering any questions."
Miranda rights explained
Police must read your Miranda rights before a custodial interrogation. These include:
- The right to remain silent
- Anything you say can and will be used against you in court
- The right to have an attorney present during questioning
- If you cannot afford an attorney, one will be appointed for you
Important: if police fail to read Miranda rights before interrogation, statements you make may be inadmissible in court — but this does not invalidate the arrest itself.
What NOT to do during an arrest
- Do not resist arrest. Even if you believe the arrest is unlawful, physical resistance leads to additional charges and potential injury.
- Do not consent to searches. Say: "I do not consent to any searches."
- Do not make statements without an attorney. Anything you say can be used against you.
- Do not argue or become belligerent. Stay calm and respectful — your behavior affects how the court perceives you.
What you SHOULD do
- Stay calm and comply with lawful orders. Cooperation doesn't mean waiving your rights.
- Clearly invoke your rights: "I am invoking my right to remain silent and my right to an attorney."
- Remember details: badge numbers, officer names, witnesses, what was said.
- Contact a bail bondsman and attorney immediately.
Search and seizure rights
The Fourth Amendment protects you from unreasonable searches. Police CAN search without your consent when they have a valid warrant, probable cause with exigent circumstances, contraband in plain view, a search incident to lawful arrest, or probable cause for a vehicle search. Police CANNOT search your phone without a warrant, or areas beyond the immediate vicinity of arrest without one.
After you're arrested: next steps
- Invoke your rights immediately — silence and counsel
- Contact a bail bondsman — getting out quickly helps you prepare your defense; here's how bail works
- Hire an attorney — crucial for navigating the system
- Document everything while it's fresh in your memory