Despite what they may tell you, sometimes telling the police "the whole truth and nothing but the truth" can hurt more than it helps.
This idea was the focus of the Auburn University Libertarians' "Busted" event last Thursday, where Attorney and Opelika Municipal Judge Ben Hand spoke on civil liberties when interacting with law enforcement.
"I've represented the most hardcore murderer to the drug dealer to the casual user," Hand said. "If you come in contact with law enforcement, the No. 1 rule to remember is that you're not going to be a hero. Just be friendly and politely say 'do you have a search warrant?' If they don't and say 'I can get one,' tell them that they have to."
Probable cause is needed for police to enter a home or vehicle and can be obtained if an illegal item is in plain view or if the officer has a warrant or is granted permission to search. Hand said that many times police rely on this permission because they lack official documentation and that, once someone willingly divulges consent or admits to wrongdoing, these are difficult to reverse.
"If an officer shows up to your house about a noise disturbance, step outside and say 'I'll fix it, just give me two seconds," Hand said. "That's Auburn's biggest way of getting in where a party is happening and making arrests for underage drinking. They take that opportunity to step in and look around"
Hand said that if one is actually arrested, it is important to remain quiet. Remain friendly and respectful, but let them know that you don't want to discuss anything regarding the situation until a lawyer is present.
Often, police will say things such as "talk to me and I can help you out" or "it will be easier on you if you speak up." Hand said that even when one is in an interrogation situation, one should remain quiet until one has legal counsel.
"While they're getting you to the police station, they'll start chit chatting to loosen you up," Hand said. "This is because Auburn's courts are on a 'revenue court' system, meant to generate cash. Just be respectful and don't discuss why you're there until an attorney is there."
Edward F. Tracy, an associate at Hand's law firm, spoke regarding programs that the City of Auburn has to help those arrested on alcohol-related charges.
"What most people don't know is that the City of Auburn has a diversion program," Tracy said. "If you're caught committing a crime you can hire a lawyer who will work with the city so that you can do some community service. As long as you don't get in trouble for six months it disappears and nobody ever hears about it again."
Hand emphasized throughout the presentation that when interacting with law enforcement, respect is key. He spoke of police officers that make special trips to hearings to speak on behalf of the courteousness of the accused, leading to acquittal on minor offenses.
"Being nice goes a long way," Hand said. "Part of what you do when first confronted with the situation affects the outcome"
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