Lawyer Henry Vinson explains what to do when you are placed under arrest.

1. WHAT TO DO WHEN
PLACED UNDER ARREST
Henry Vinson

2. Even an ordinary night out on the town could land you in
jail if you behave rowdily at the bar or allow an argument
with a friend to escalate to blows. In some cases, you could
even find yourself unfairly picked up after a policeman
misunderstands a situation. No matter the circumstances of
your trip to the station, you need to understand your rights.
YOU DON’T HAVE TO COMMIT AN EGREGIOUS
CRIME TO FIND YOURSELF SITTING IN THE BACK
OF A SQUAD CAR.

3. You can’t control the arresting
officers’ attitudes, but you can
and should control your own. In a
Wire article cited in Atlantic,
Adam Martin says belligerence,
swearing, and/or raising your
voice will likely escalate matters
and make the situation worse.
Granted, it won’t be easy to keep
your cool during a stressful
situation like arrest, but you
should definitely make the effort.
BE POLITE

4. New York Times correspondent
Michael Cooper points to an
incident involving an artist caught
hanging posters in a public place.
The artist himself was respectful
and contrite and offered to
remove his artwork. All was well
until a friend unnecessarily leapt
to his defense, at which point the
artist was cuffed and taken in.
Limit comments to your name and
basic identifying information. Then
state, calmly, “I want to remain
silent,” and “I want to talk to a
lawyer.”
DON’T SAY MORE THAN
YOU HAVE TO

5. Know what actions by the
arresting officers require your
consent and which don’t.
Generally speaking, personal pat
downs are allowable, but
guidelines from the Northern
California ACLU recommend that
while you should never physically
resist a pat down, you should
calmly say “I don’t consent to a
search.” Adopt the same strategy
if and when the police search
your vehicle or belongings.
KNOW YOUR RIGHTS

6. Recent news reports have featured
instances when individuals—often
unarmed individuals—were shot
and killed by a police officer
because they moved in a way that
officer saw as threatening. The
Washington American Civil
Liberties Union recommends you
never approach an officer, unless
ordered to. Keep your hands
visible at all times, don’t touch the
officer, and don’t reach for your
pocket, waistband, or glove box.
BE AWARE OF YOUR
BODY LANGUAGE

7. THANK YOU.
HenryVinsonLaw.com
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