Cooperate With Cops?
BYRON WARNKEN: A police office comes to me and says, Hey! I want to talk to you and I can say Hey! Go away, I am not talking to anybody. You could say, officer, I do not even know what all my rights are, but I want a lawyer. I do not want to do anything with you officer until I consult with an attorney.
ANDY RADDING: A smart person whether guilty or innocent when approached by law enforcement is going to seek legal advice.
BYRON WARNKEN: Because one should get counsel. Counsel would usually advise you of what your rights are and the police are relying on the fact that you do not know what your rights are.
ANDY RADDING: Often law enforcement to follow up a hunch will say to you, I would like to search your car.
BYRON WARNKEN: You do not have any guns or drugs in this car, do you? and you say, no. I am just doing my job, you know. I would probably start to turn to walk away and in a kind of columbo style, just one more question.
ANDY RADDING: They just cannot come up to on the street and say we want to ask you a few questions and make you answer.
BYRON WARNKEN: I am really glad you do not have any drugs or weapons in your car. Because you do not do not have any drugs or weapons in your car you would not mind me looking in your car, would you? And so what you have got is drugs in the trunk and now you are in this dilemma. Do I say, yes you could look in my trunk.
ANDY RADDING: They have no right to do it and I would not give up your right to say no.
BYRON WARNKEN: You have the power to say no, you cannot look in my trunk.
ANDY RADDING: If they have the legal basis that is required to search, then let them go and get a warrant.
BYRON WARNKEN: And most people think, o my goodness, I could not tell him that. When I told my mother that she could not look in my room, we both knew that there was something in my room. So, I say sure you could look around hoping they will not find the drugs under blankets in the trunk which of course they do.