Police Beat Archives (2024)

FAQs

What happens if you say I don't answer questions to a police officer? ›

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.

DO tell the police your name and basic identifying information. But nothing else. DO say “I want to remain silent” and “I want to talk to a lawyer.” They should stop questioning you after that.

While any type of assault is a serious crime, law enforcement considers assaulting a police officer as a particularly egregious offense. You will be charged with a violent felony, meaning that you will go to prison for a minimum of 2 years and up to life.

The Short Answer (For the Impatient Soul) Most police reports in California are kept for at least 10 years.

As you can probably surmise by now, law enforcement officers have no legal duty to tell the truth when asked if they are, in fact, the law. Unfortunately, however, most people erroneously believe that police officers must tell you who they are if asked and thus find themselves in a situation much like Badger's.

Right to refuse searches

You have the right to withhold consent and to protect your privacy. Only allow a search if the police have a warrant or if you are confident that you have nothing incriminating.

You have the right to remain silent. For example, you do not have to answer any questions about where you are going, where you are traveling from, what you are doing, or where you live. If you wish to exercise your right to remain silent, say so out loud.

Cursing at police officers may be protected by the First Amendment, which protects the ability of citizens to criticize government officials — even offensively and excessively.

You can defend yourself from a physical attack, however if the police officer says you are under arrest then he can beat you to death, and you are not allowed to defend yourself while he is murdering you.

Arguing with a police officer in a way that impedes or delays an arrest can have serious consequences. A resisting arrest charge is a misdemeanor in California. A conviction can result in a fine of up to $1,000 and/or a jail term of not more than 1 year.

Does your criminal record clear after 7 years in California? ›

The law goes even further, directing the state Department of Justice to automatically seal from public view non-serious, nonviolent and non-sexual felony convictions when the defendant has completed their sentence and not been convicted of another crime in four years.

Police reports are considered ! public records' within the meaning of the California Public Records Act and the San Francisco Sunshine Ordinance. Police reports must be released unless an exception applies.

If you did make a statement and later come to regret it, there are remedies. You can revoke part or all of the statement. However, that won't necessarily stop someone from being charged with a crime. If the state attorney has enough other evidence, they'll go ahead and charge the person without the statement.

So if police stop you for questioning on the street, you may be able to refuse to answer their questions and walk away. If, however, the police officer has one of the following, you may have to answer their questions: Probable cause that you have committed, were involved in, or are about to commit a crime.

Cursing at police officers may be protected by the First Amendment, which protects the ability of citizens to criticize government officials — even offensively and excessively.

Answer: During a police interview, you must remain polite, calm, and aware of your rights. Avoid volunteering unnecessary information, speculating, lying, making self-incriminating statements, discussing the case with others, arguing, making jokes, and interrupting the officer.