If I am arrested, what will the police do?
The police will search you for weapons [which means they will find anything illegal], handcuff you, transport you to jail, and photograph and fingerprint you for identification (book you).
If you are not under arrest or if police do not have a search warrant (a court order allowing them to search), the police may ask you to let them search your car, your home and/or other possessions. You can refuse to consent to these searches and ask the police to get a warrant issued by a judge.
You have a right to be free from unreasonable searches and seizures. Most of the searches for which an officer might ask your consent would require the officer to first get a warrant from a judge, unless you consent and give up this right.
Only a judge can decide whether the search is proper before that search is conducted. There is no penalty for exercising your right to have the judge decide whether to allow the search. Your refusal to consent to a search cannot be used against you.
If you are unsure how to respond to an officer's request, assert your right to counsel and discuss the request with your attorney before doing or saying anything.
Since July 1, 2011, Ohio law has required that a law enforcement agency must collect and forward a DNA specimen to the Bureau of Criminal Identification and Investigation when the agency arrests a person 18 years or older for a felony.
Do’s and don’ts during arrests and custody
Do not argue with the police. You cannot talk your way out of being investigated, arrested or prosecuted. Any explanation you give the police may give them more information than they already have, so it’s often wise to save your explanation and defenses for court.
If you have been arrested, the police believe you committed a crime. Their job is to investigate and gather evidence. Telling the police your side without a lawyer present is usually a bad idea, even if you believe you have done nothing wrong.
Always pay close attention to what happens when you first encounter the police and afterward. Try to memorize who was there to see and hear what happened. Sometimes the court needs to look into what happened to you while you were in custody. It will help you if you can later fully inform your counsel about these events.
Do not tell your family and friends all about it or ask non-lawyers for legal advice. It is possible that they may be ordered to appear at trial to repeat what you said.
Do not talk to another inmate or a corrections officer about your case. A conviction may result from a "jailhouse confession." Assume that all telephone calls from a jail or police station are recorded or monitored. Only speak with your attorney face to face.
Rely on your lawyer to advise and defend you no matter what you did or did not do. Legal ethics rules keep your attorney from disclosing without your permission any information you give him or her during the attorney-client relationship. However, your attorney may disclose your intention to commit a crime and the information necessary to prevent the crime. Also, your attorney has an ethical duty to keep you from offering testimony that he or she knows is not true.
Based upon "Your Rights if Questioned, Stopped or Arrested by the Police" © February 2015 Ohio State Bar Association
Ohio State Bar Association, PO Box 16562, Columbus, OH 43216-6562, (800) 282-6556 or (614) 487-2050, www.ohiobar.org
The police will search you for weapons [which means they will find anything illegal], handcuff you, transport you to jail, and photograph and fingerprint you for identification (book you).
If you are not under arrest or if police do not have a search warrant (a court order allowing them to search), the police may ask you to let them search your car, your home and/or other possessions. You can refuse to consent to these searches and ask the police to get a warrant issued by a judge.
You have a right to be free from unreasonable searches and seizures. Most of the searches for which an officer might ask your consent would require the officer to first get a warrant from a judge, unless you consent and give up this right.
Only a judge can decide whether the search is proper before that search is conducted. There is no penalty for exercising your right to have the judge decide whether to allow the search. Your refusal to consent to a search cannot be used against you.
If you are unsure how to respond to an officer's request, assert your right to counsel and discuss the request with your attorney before doing or saying anything.
Since July 1, 2011, Ohio law has required that a law enforcement agency must collect and forward a DNA specimen to the Bureau of Criminal Identification and Investigation when the agency arrests a person 18 years or older for a felony.
Do’s and don’ts during arrests and custody
Do not argue with the police. You cannot talk your way out of being investigated, arrested or prosecuted. Any explanation you give the police may give them more information than they already have, so it’s often wise to save your explanation and defenses for court.
If you have been arrested, the police believe you committed a crime. Their job is to investigate and gather evidence. Telling the police your side without a lawyer present is usually a bad idea, even if you believe you have done nothing wrong.
Always pay close attention to what happens when you first encounter the police and afterward. Try to memorize who was there to see and hear what happened. Sometimes the court needs to look into what happened to you while you were in custody. It will help you if you can later fully inform your counsel about these events.
Do not tell your family and friends all about it or ask non-lawyers for legal advice. It is possible that they may be ordered to appear at trial to repeat what you said.
Do not talk to another inmate or a corrections officer about your case. A conviction may result from a "jailhouse confession." Assume that all telephone calls from a jail or police station are recorded or monitored. Only speak with your attorney face to face.
Rely on your lawyer to advise and defend you no matter what you did or did not do. Legal ethics rules keep your attorney from disclosing without your permission any information you give him or her during the attorney-client relationship. However, your attorney may disclose your intention to commit a crime and the information necessary to prevent the crime. Also, your attorney has an ethical duty to keep you from offering testimony that he or she knows is not true.
Based upon "Your Rights if Questioned, Stopped or Arrested by the Police" © February 2015 Ohio State Bar Association
Ohio State Bar Association, PO Box 16562, Columbus, OH 43216-6562, (800) 282-6556 or (614) 487-2050, www.ohiobar.org