The police can use deception whether you are pulled over or at the station, being interrogated. But you also have your rights, guaranteed by the Constitution. Though interactions with law enforcement are usually not pleasurable, especially if you are already being interrogated, it is good to know what the police don’t want you to know. Here are some common examples that are confusing to most law-obeying citizens.
Your phone is a no-go
Unless there is a warrant or you give specific consent, police officers cannot go through your phone, even if you are in custody. The decision comes from the U.S. Supreme Court ruling from 2014, where justices explained that digital data alone cannot be used to harm someone.
Police can lie about evidence
We mentioned that officers are allowed to be deceptive. Lying about the evidence is acceptable and within the officers’ rights. However, it cannot be used to force a false confession. Many tried arguing that this practice should not be acceptable, but the law is clear: officers can and will lie, and it is within their rights.
There is no “off the record”
Regardless of what officers might tell you, anything you say can be used against you. Lying to an officer is a criminal offense, so staying silent can be the best option. Simply state that you want to remain silent and ask for your lawyer. These are your rights, and they are not intended for guilty parties only.
You can leave the station
At any given moment, you can leave the police station unless you are under arrest. According to the Fifth Amendment, this cannot be held against you, and it protects you from self-incrimination. It is not a confession of guilt but, like asking for a lawyer, a way to exercise your rights.
Confessing will make police work easier
Many officers say that things will be easier for you if you confess. However, it is easier for the police since they have no idea what your punishment will look like. You get charged with the same charges regardless of your confession, and after that, things are in the hands of the prosecution, the judge, and the jury.
Officers are trained to be friendly
That whole “good cop, bad cop” routine you saw in TV shows is actual, to a certain degree. Officers can pretend to be friendly to gain information. It is part of their training, just as learning psychologically coercive interrogation techniques. The friendly officer is likelier to know about you and the people around you, and you might reveal more than you intended. It does not mean you will be incriminating anyone, but it proves that anything you say can be used against you.
Many officers don’t know the law as much as you think
Officers did not study law, and since they are taught to keep the streets safe, they generally know the basics. That does not mean they are always right, and what appears illegal might be perfectly legal. These mistakes happen, but the Supreme Court ruling clearly states that officers can pull someone over without a legitimate legal justification if they reasonably misunderstand the law to allow the stop. It is best to keep quiet and wait for your lawyer.
You can refuse to partake in the field sobriety tests
In most states, you don’t have to participate in field sobriety tests if pulled over on suspicion of drunk driving. These tests are not 100% accurate. For example, the one-leg stand showed only a 65% accuracy rate. Many criminal lawyers advise against taking these tests because they can and will be used against you.
You can film and photograph officers
Officers on duty can be filmed and photographed under the First Amendment. But filming off-duty officers or in private spaces can lead to harassment or stalking charges, depending on the state you live in. While on duty, officers do not have the right to privacy. However, recording conversations is only possible in states that don’t require two-party consent.
Even with search warrants, officers should knock
In most cases, officers who come to your door must knock first and then ask questions. There are exceptions, and they are related to officers’ safety. They can go straight to business if it is too dangerous or could influence the investigation negatively. You likely saw this happening when officers in a TV drama entered the apartment of a kidnapper or a dealer.
Without a warrant, you can tell officers to leave
Although officers might look intimidating or try to deceive, which is within their rights, if they showed up at your door without a search warrant, you don’t have to invite them in, talk to them, and you can even tell them to leave. It is your right to have privacy in your home.
Interview vs. interrogation
Interview and interrogation are not interchangeable. The first is informal, while the latter is formal questioning regarding information about a suspected crime. A victim, a passerby, or someone’s friend can give an interview, while the interrogation’s goal is confession.
Police need a reason to pull you over
The police cannot pull you over without probable cause. Once pulled over, it is considered a form of detention since you are not arrested, yet you cannot leave. If there’s no probable cause, and yet the officers find something suspicious, they cannot use it against you. However, you can get a speeding ticket because the officer doesn’t need a speed gun to decide whether you’re driving above the speed limit.
Getting your DNA is easier than you think
No one can force you to give your DNA sample without a warrant. But there are many ways around it. For example, once you take out your garbage, they can use it to extract DNA. Or, you could sit in an interrogation room for hours and ask for water. Once that cup is trashed, it is fair game. Anything you discard can be picked up and used for DNA testing.
Genetic privacy
Though DNA home kits are primarily safe, there were reports that some companies were pressured by law enforcement to share data. One company admitted to doing so, while another suffered a significant breach in 2024. It is also reported that one of these kits led to the cathing of the notorious Golden State Killer in 2018.
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Kate Smith, a self-proclaimed word nerd who relishes the power of language to inform, entertain, and inspire. Kate's passion for sharing knowledge and sparking meaningful conversations fuels her every word.