TWELVE THINGS YOU SHOULD AND SHOULD NOT SAY TO THE POLICE

By:  Dale Gribow - (760) 341-4411

As a practicing criminal attorney for over 30 years, I have met hundreds of police officers both in the capacity of witnesses, friends or colleagues.  

Police work is a world where each situation that police view, has a perceived zone of danger or a suspicion of wrongdoing that is not visible to the average citizen.  Their perception and sensitivity to both danger and ethics is on a different plane than most of us.  Consequently, some things that we might say when contacting police, although not illegal, threatening or self-serving may be substantially inappropriate.
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1.    “I only had 2 beers.”  -  This is the most common statement an officer hears when he stops you for a DUI.  He can tell from your field sobriety test, your weight and your breath alcohol reading from the breath test at the scene whether you are telling the truth.  So can your lawyer!

What Should You Say?  My lawyer told me to speak to him before I spoke to anyone.  I want to cooperate with you, but my lawyer has given me instructions that I want to follow.  If he gives me the “ok”, I am happy to answer anything you ask.  This shifts the blame to your attorney.  You should also be courteous and when asked to take a Field Sobriety Test and Breath Test at the scene, explain that you understand these are voluntary and you elect not to take them.  However, you understand that a blood test is mandatory, and you are happy to cooperate.
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2.    “I know the Mayor.”  -  In today’s world, the veteran police officer might be the next door neighbor of the mayor.  Clearly, this is an attempt to unduly influence police conduct.  Knowing the local drug dealer and having a willingness to inform upon him would serve you better than knowing the mayor.  Also see #5.

What Should You Say?  Your knowledge of people or things that could be a bargaining tool for a plea disposition at a later time is best left in the hands of your lawyer.  He will know the most advantageous time to use it and to whom the information would serve you best.  The first officer at the scene would not be an effective recipient of this information.
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3.    “Some other dude did it.”  -  This is the famous or infamous “SODDI” defense also known as “Some other dude did it.”  This does not help you and sets the tone of lack of cooperation that will hurt you later down the line if this becomes a court case.  

What Should You Say?  In this situation, it is best to say nothing and explain your lawyer asked you not to discuss a case without his permission.  Invoke your rights to counsel.  Someone else may have done it, but you will not convince the police at the initial stages of investigation without the aid of counsel.
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4.    “Why did you stop me?”  -  This presumes that there was no reason to stop you, and you have become confrontational and uncooperative in the eyes of the police officer.

What Should You Say?  A standard greeting like, “Good morning” and nothing further is best.
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5.    “What’s your badge number?”  -  This presumes that the officer knows his number and even if he did, that he should also give it to you.  Additionally, you are telling him that you plan a complaint to internal affairs, which will not endear you to him or his partner.  Thus, he will spend even more time preparing the arrest report to be sure he gets a conviction.  Sometimes this can involve manufacturing evidence.

What Should You Say?  If you are thinking about this, put it out of your mind and say nothing.  If, in fact, there is a legitimate complaint, it can be made through administrative channels at a later time without making your detention and arrest more serious.
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6.    “All the crime is on the other side of town.  Why are you stopping me?”  - The officer might very well live on the other side and will, of course, take affront, and will be motivated to manufacture probable cause to have stopped you.

What Should You Say?  “Thanks for stopping me.  Did you see a mechanical defect or safety problem with my car?”  “Thanks for your concern.”  
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7.    “I’m lost and I thought you might know the nearest donut shop.”  -  All stops and contacts are filled with potential danger.  Bad jokes and stereotyped comments can inflame the situation.  Your job as a detainee is to be professional and not threatening.

What Should You Say?  “How can I assist you officer?”  Keep your hands on the wheel and your seatbelt fastened and turn off the motor.  If you have done nothing wrong, you will be all right.  You probably will not need to call your lawyer in this instance.
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8.    “You have the wrong person.  It’s my twin brother.”  -  This is a lame defense used by people who have warrants out for their arrest.  However, in over 30 years of criminal practice, I did have two cases where this was a true statement.  

What Should You Say?  Cooperate.  Ask for a phone call.  Call a bondsman and get out of jail.  Then, call your lawyer to clear up the issue and minimize your sentence.
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9.    “Yes, you can search my car.”  -  This will not help you if in fact there are drugs or a dead body in the trunk.  If there is no probable cause to search, why incriminate yourself.

What Should You Say?  Say “no”.  If there is no probable cause to search, a warrant is needed, and a warrant will not be granted without probable cause.  This is your perfect opportunity to use the words used in all cop shows, “Show me your search warrant.”
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10.    “The drugs are not mine.  I was just holding them for a friend.”  -  Even if true, you have admitted dominion and control and have no defense.  Your statement can be used as an admission of guilt.  There is a defense of transitory possession, but that will not apply here.  Remember the charge is possession of drugs, not ownership.

What Should You Say?  If you were to say anything, deny knowledge of the drugs.  Any admission of knowledge of the illegal nature of the substance works against you.  
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11.    “The car belongs to a friend.  I don’t know his name.”  -  This is the permission defense for driving the stolen car.  The lack of a name and address puts your credibility in issue and makes the prosecution’s case for receiving stolen property by your evasive and obviously fabricated defense.

What Should You Say?  Best not to say anything.  Make the police find the owner or a record of the stolen property.  Maybe the car is not reported stolen.  Maybe there is no victim.  Anything you say adds to consciousness of guilt and presumptive knowledge.
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12.    “She wanted it.”  -  This defense to forcible rape will serve as an admission to the intercourse and will make the job of the District Attorney easier.  He will not have to prove the identity of the perpetrator.  

What Should You Say?  Under these circumstances, shift the blame to your lawyer and invoke your right to not incriminate yourself.  The less you say, the better.  Make the district attorney prove all the elements of his case including identity.  
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If you have any criminal questions you would like Dale Gribow to answer, please write to him at the Law Offices of Dale Gribow, 44-901 Village Court Suite D, Palm Desert, California  92260.  You can also email him or phone him at (760) 341-4411.

Dale Gribow is an award winning attorney, who has been practicing criminal law for over 30 years.  He is prominently listed in over twenty Who’s Who and has been Man of the Year six times, including the City of Palm Desert and the City of Hope.  Dale Gribow Day has been declared four times.  Dale is also founder/president of Drunk Driving Defenders of the Desert.  He had a thirty person law firm in Beverly Hills and 17 years ago moved to Palm Desert where he now has an eight person law firm.  

Before moving to the desert, Dale was one of three lawyers in all of Riverside County listed in the Bar Register of Preeminent Lawyers for Riverside County when he arrived in the desert.