Arrest and Booking

In many departments, you are being recorded when you are advised of your rights. Either by car systems in the field or video and audio systems in booking areas, or in designated interrogation area, and they will probably be advised of their rights multiple times as they go through the process, with each new officer advising them as he comes into the process to cover himself. This being the case, I think the victim should be advised to expect this and be told to very clearly but very politely give the same answer each time they are advised.

My suggestion is, "I wish to physically cooperate with authorities in this process, but I also wish to exercise my Miranda Rights and not make any statements or answer any questions, without a lawyer being provided, and being present."

One tactic used by police, that is legal, is to talk to the suspect about the crime without asking them to respond. They do this to evoke unsolicited statements from the suspects, as such volunteered statements are admissible even after you invoke your rights. If they try this, the victim should politely say, "I have invoked my rights, and want a lawyer present during any discussion of this case."

The victims should also know that they will have to answer booking questions giving personal identity information, and will have to sign booking forms such as fingerprint cards, property forms, and bond documents; but they should examine any document before they sign it, If they are in doubt; sign it, "I wish to invoke my rights and do not waive them xxxxxxxx zzzzzzzz (their name). That way, if an unscrupulous cop trys to pull a fast one, the victim can show their intent was to physically cooperate while invoking their rights.

We can only make a generic page because there are significant differences between jurisdictions, and all that changes when there is extradition involved. Whoeeee.

Oh man, I’d best make a note about arrest warrants, too and …. Dang … search warrants. Right. Forgot those. And Grand Juries. Well, as always, our standard is to be thorough. Yeah – the difference between being arrested at the scene and being arrested at a later date.

Oh, and I need to know what the rules are about personal possessions before a person has been read their rights. And I need to mention that not all states use Miranda – in Texas, for instance, they skip Miranda, the interview, and the interrogation if the vic is being picked up at a bank or check cashing store. Sometimes they even skip booking. Everything is run through at the car and off the vic goes – home to shake in his boots and lose 20 lbs.

Arrest and Booking: What to expect