If Your Ever Arrested... By Rick Collins

Discussion in 'Steroids and the Law' started by admin, Dec 7, 2010.

  1. admin

    admin Administrator Staff Member

    Aug 11, 2010
    By Rick Collins, J.D.

    If You’re Arrested
    Small-time arrests for personal possession are occurring more and more frequently. Sometimes these arrests arise out of car stops for traffic violations and the steroids are found during a search of the car. Car searches are frequent at border crossings, where law enforcement authorities searching for drugs are less restricted by Fourth Amendment constraints.

    What you say during a confrontation with the police can have dramatic effects upon your ability to successfully defend your case if you are arrested. Remember that certain rights protect you. Miranda v. Arizona [384 U.S. 436 (1966)] reaffirmed that confessions must be voluntary. It also established cautionary warnings to safeguard your Fifth Amendment privilege against self-incrimination and your Sixth Amendment right to counsel. They go like this:

    * You have the right to remain silent.
    * If you do say anything, what you say can be used against you in court.
    * You have the right to the presence of a lawyer prior to and during any questioning.
    * If you cannot afford a lawyer, one will be appointed for you if you so desire.
    * If you choose to talk to the police officer, you have the right to stop the interview at any time. (This last one often gets forgotten.)

    Do the police always have to give the warnings? No, the rule of Miranda applies only to custodial interrogation. The two elements -- custody and interrogation -- must both exist. If it’s either one without the other, the warnings aren’t required.

    Custody. Custody generally means that a reasonable person, innocent of any wrongdoing, would feel that he or she was not free to leave. The place doesn’t matter: it can be at your home, job or gym, at the Postal Inspector’s office, in a police car, on the street, or wherever. If you’re not in police custody, the warnings don’t apply even if the police question you. Obviously, Miranda doesn’t apply if you’re questioned over the phone.

    Interrogation. Basically, that’s police asking questions (except for pedigree stuff like name and address). If you’re in custody and they’re going to question you, they have to give you the warnings. If you’re not going to be questioned, even if you’re in custody, the police don’t have to give them. Say you’re arrested for drunk driving. They decide not to ask you any questions, so they don’t give the warnings. But you spontaneously blurt out that you “only had five beers.” Your admission of drinking can be used against you. The same usually goes if you peep up when you overhear the police talk about you to each other, such as, “This dummy is going to be doing some major time for all this juice, huh?”

    What happens if the police don’t administer the warnings? The remedy is that your statements are excluded or suppressed because of the violation. Also, if the police find evidence as a result of an interrogation that violates Miranda, that derivative evidence may also be suppressed. Suppression of evidence may or may not require dismissal of the case itself. If there’s enough other evidence that is admissible, the case goes on.

    Keep in mind that incriminating statements are often the most damaging evidence in a criminal case. Let’s assume that under certain circumstances you’ve decided that it’s not in your best interests to submit to police questioning. If you’re not under arrest, you can simply ask, “Am I under arrest? If not, I’d prefer not to stay and talk to you.” Then leave. If the officer replies that you’re not free to leave, then you can invoke your Fifth Amendment privilege by saying, “I want to remain silent,” or “I don’t want to talk to you.” If you invoke this privilege, the police must stop questioning you, at least for a good while. Even better, invoke your Sixth Amendment right by saying, “I want an attorney right now.” If you demand a lawyer, the police can’t question you further unless you reinitiate the conversation. [For a thorough discussion of your Fourth, Fifth, and Sixth Amendment rights, check out Legal Muscle].

    Rick Collins, J.D., a veteran lawyer and former competitive bodybuilder, is the author of the groundbreaking new book LEGAL MUSCLE: Anabolics in America, available through this site. [© Rick Collins, 2003. All rights reserved. For informational purposes only, not to be construed as legal advice.]
    Mike_RN, arob3169, bigrobbie and 3 others like this.
  2. Go Away

    Go Away TID Board Of Directors

    Dec 28, 2011
    Great post Admin.
    Sticky this badboy!
  3. BrotherIron

    BrotherIron TID Board Of Directors

    Mar 6, 2011
    I concur. This should be made a sticky.
  4. Halo

    Halo MuscleHead

    Jul 5, 2011
    Never ever ever say shit!
    tkrex likes this.
  5. Mr. Wiggly

    Mr. Wiggly VIP Member

    Oct 15, 2011
    I only answer the police with either a "yes" or a "no". Say as little as possible and NEVER give any unnecessary information, such as "anything". You CANNOT trust a cop.
    n87 likes this.
  6. bigrobbie

    bigrobbie MuscleHead

    Sep 19, 2010
    Rick knows his stuff. His book is worth the money!
  7. biguglynewf

    biguglynewf TID Board Of Directors

    Oct 11, 2010
    Take the time to watch this guy. It's been posted on the boards before, not sure if it's been here though.

    Some excellent points are made. If you don't have the time, the message.....NEVER EVER say anything. NOTHING good ever comes from talking. No matter what is promised!!!

    Remember if they're asking questions, usually it means they need more.

    FLEXjs likes this.
  8. tren_monster

    tren_monster Member

    Dec 1, 2013
    Don't break the damn law and you won't have to worry about talking to a cop. Simple as that.
  9. gunslinger

    gunslinger VIP Member

    Sep 19, 2010
    Dude, really?
  10. tren_monster

    tren_monster Member

    Dec 1, 2013
    Yes really. Cops are not out to get you. If you break the law then yea you're gonna get blurped sooner or later. If I'm doing 80 in a 65 and get pulled over I'm not gonna be all pissed off at the officer. I'm the one who was speeding. If I get busted with drugs I'm not gonna shoot at the cop, he didn't make me buy/use or posses it.

    I've been pulled over about 20 times since 2012 and only had 3 tickets. Why? Because I wasn't a dick and took responsibility for my own actions and they were chill right back and kicked me out with a warning. The times I did get a ticket I was doing at least 20 over the limit and am lucky I didn't go to jail.
  11. Stumpy

    Stumpy Olé, Olé, Olé VIP

    Sep 29, 2010
    I've never been pulled over and I've a very heavy right foot when I drive..........it's called looking waaay ahead as you drive
  12. gunslinger

    gunslinger VIP Member

    Sep 19, 2010

    Ok, to start with your user name is Tren monster, I'm going to assume you are all natural and never take or posses steroids? Cops are most certainly out to get you. Ask me how I know. Thats a nice little warm and fuzzy way of looking at it. I have been pulled over more times than I can count and have had two speeding tickets. Why? Because I wasn't a dick. I also never admitted to speeding, not once. Can I get pissed at the officer for enforcing stupid laws? Not really, they are just "doing their job" Would I shoot it out to keep from going to prison? F u ck yeah. And if you wouldn't you have never been inside a prison. Doing your job or not if you try to lock me up one of us is going to die.

    For the record, I used to be a correctional officer and later a cop with SWAT/drug task force

Share This Page