Three Things NOT to Do After You’ve Been Arrested in San Diego

Posted on October 1, 2015

When you’ve been pulled over, detained by police, or arrested in San Diego, it can be a bad situation. The last thing you want to do is make it worse. If your emotions get the better of you, or forget your constitutional rights, however, that’s exactly what can happen.

Here are three things you definitely shouldn’t do if you find yourself stopped or arrested by San Diego police

1. Don’t fight back.

We all know that police sometimes engage in unreasonable conduct; from unwarranted stops to verbal harassment, to physical violence and brutality, to a wrongful arrest. Whatever the police misconduct or injustice you may be facing, attempting to fight back or physically confronting the offending officer will accomplish little and ultimately make your fight for justice harder.

If the police have overstepped their bounds, your San Diego criminal defense attorney will be able to use that not only in your defense to any criminal charges but also to potentially pursue claims for compensation for violations of your civil and constitutional rights. Fighting with the cops could have a negative impact on these claims and cause you greater injuries.

2. Don’t Try to Explain

It’s natural to want to try to explain to police why they’ve got it all wrong, how you’re innocent, or how something is not how it may appear. However, if you start trying to talk your way out the situation, you can wind up making admissions or other statements that can and will be used against you later. You have the right to remain silent and the right to speak with an attorney. You should exercise both of those rights.

3. DON’T consent to a search of your vehicle.

If you’ve been pulled over by San Diego police, they may only legally search your vehicle under certain circumstances. If they engage in an unconstitutional search, you can move to suppress the admission of any incriminating evidence that they may find as a result of the search. Any charges based on that improperly obtained evidence may also wind up being dismissed.

However, if police ask for your permission to search your car, and you agree, anything they find in that search will be admissible against you. By consenting to a search, you essentially waive many of the arguments you would have otherwise had that the search was improper. For this reason alone, you should never consent to a search of your car.

One thing you should do if you’ve been arrested is to contact an experienced San Diego criminal defense lawyer as soon as possible to ensure that your rights are protected. Please call us today if you are facing criminal charges in San Diego.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, Court TV, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.