There’s an old phrase, it’s becoming more and more cliche, but I think in many cases, the phrase "Too Much Information" or TMI matches perfectly with the situation.
Oddly enough, this week has been filled with consults regarding traffic stops, domestic cases, and crimes. In all three situations, I found out that the prospective client shared too much information.
Sometimes, for whatever the reason, when confronted with a bad situation, people decide to make it worse by revealing too much. This phenomenon is especially common when a person gets confronted by law enforcement.
Remember, first and foremost, you have the right to an attorney at anytime. This is especially important if you’ve committed a crime, or have the appearance of criminal activity. The officer who questions you about some suspcious activity doesn’t want to be your friend; he or she has enough friends. The officer wants to lull you into a sense of security so you’ll confess to criminal behavior, and the officers can go home.
Law enforcement needs reasonable suspicion to search your person or home, and probable cause to arrest you. The United States Supreme Court has already interpreted specific cases in such a manner that makes it easy for officers to meet these two elements, don’t help them out.
One of the individuals I spoke with had been pulled over for possible a DUI. The officers questioned the individual, then asked for a statement. Without questioning the behavior, the individual willingly gave a statement regarding guilt, and confessed to other illegal activities, which could cost the individual some considerable time in jail.
Finally, to be clear, I do not recommend actively thwarting an officer’s investigation. If the officer stops your vehicle because you didn’t come to a complete stop at a traffic light, please surrender the appropriate information (license, registration, insurance), and let the office complete his/her investigation. There’s no need to volunteer anything further (i.e. your marijuana garden at home).




