Message to AZ Pro-Cop Group: Don’t Speak to the Cops!
Featuring Attorney Andrew Marcantel
November 4, 2024
Criminal defense attorney Andrew C. Marcantel outlines how constitutional rights apply in everyday encounters with law enforcement. He emphasized that responsible gun owners should know their rights, use them properly, and should not fight legal battles in the street.
The Fifth Amendment
Attorney Marcantel emphasizes the “Just Shut Up Rule.” It’s rooted in the Fifth Amendment of the United States Constitution, which protects individuals from self-incrimination. Invoking your right to remain silent does not imply rudeness or suspicion. It preserves every possible defense available to you. Your silence cannot be used against you in court.
“Even good cops can make mistakes to the detriment of innocent people. That’s my bias. I have seen… countless innocent people get charged with crimes or overcharged with crimes.”
– Attorney Marcantel
Do Not Lock Yourself Into a Defense
Attorney Marcantel explains that a common mistake people make is providing statements after a self-defense incident has occurred. He emphasizes that saying statements like “I feared for my life” can unintentionally limit your legal options.
Under A.R.S. § 13-411, Arizona allows the use of deadly force to prevent certain crimes in progress, like kidnapping or armed robbery. Another statute, A.R.S. § 13-406, allows you to defend third parties. By prematurely choosing your words, you might accidentally rule out legally valid defenses your attorney could otherwise use in court.
“There are a myriad of reasons why you could pull out your firearm… legally in Arizona, that has nothing to do with being in fear for your life.”
– Attorney Marcantel
Assert Your Rights
Attorney Marcantel explains that it is not enough to mention needing a lawyer. You must explicitly assert your right to remain silent and to legal counsel. This approach protects your rights and frames your refusal to speak. Under the Miranda line of cases, once you invoke your rights, all custodial interrogation must stop.
“I’m sorry officer, I’ve got this crazy defense attorney named Andy. He told me I’m not allowed to talk to the cops unless he’s here. Here’s his business card. I’d like to call him immediately.”
– Attorney Marcantel
Traffic Stops
Traffic stops are one of the most common interactions between civilians and law enforcement. Attorney Marcantel discusses the legal requirements for individuals during a traffic stop:
Pull over safely and ensure your hands are visible.
Provide your license, registration, and insurance when instructed.
Truthfully answer if asked whether you have a firearm in the car.
Provide your full true name.
Exit the vehicle when asked.
When There is a Firearm in the Vehicle
In Arizona, if an officer asks whether you have a firearm in the car, you are legally required to answer truthfully. Failure to do so could result in a charge of Misconduct Involving Weapons under A.R.S.§ 13-3102(A)(1)(b). Attorney Marcantel refers to this as “cruel trilemma.” It’s a concern, and legal experts argue that it violates both the Arizona and the U.S. Constitutions.
“If you answer the question truthfully, you’re going to incriminate yourself, exactly what the Fifth Amendment is trying to prevent. If you lie, you’re going to incriminate yourself… If you don’t answer the question, you’re going to incriminate yourself because you just violated that statute.”
– Attorney Marcantel
State Your Full True Name
If an officer has reasonable suspicion of a crime, you are legally required to provide your full, true name. This applies whether you are in a vehicle or just walking down the street. If you refuse to comply, you can be charged with a misdemeanor.
Consent to Blood or Breath Test (If Arrested for DUI)
Under Arizona’s Implied Consent Law, if you are arrested for DUI and taken to a police station, you are required to consent to a blood or breath test. If you refuse, the police can get a warrant and draw your blood by force. In addition, your license will be automatically suspended for one year. If you are completely sober, you still must give the police consent.
“Even if it turns out that ultimately you’re going to have alcohol in your blood, I still suggest consenting to the blood test.”
– Attorney Marcantel
What You Don’t Have to Do
Attorney Marcantel clarifies misconceptions about things you are not obligated to do. Despite what is shown on TV, you are not legally required to perform roadside field sobriety tests in Arizona. These include things like the “walk and turn,” “horizontal gaze nystagmus,” or reciting the alphabet backward. While the law technically says you must submit to them, there is no penalty for declining. Attorney Marcantel expresses that when attorneys have taken the test at legal conferences while sober, they have been flagged for multiple “cues of impairment.”
“I strongly, strongly, strongly advise, even if you are stone cold sober, not doing the field sobriety tests.”
– Attorney Marcantel
Attorney Marcantel advises that you do not have to answer incriminating questions, such as “Where are you coming from?” How much have you had to drink? Where are you headed?
These common traffic stop questions are designed to generate probable cause. You are not legally required to answer them. Answering such questions often opens the door to further scrutiny and possible arrest.
“I would do it way before the arrest… I would politely decline and say, ‘I’m sorry officer, I want to speak to my lawyer. I’m not going to answer any questions.’”
– Attorney Marcantel
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