The Fox show, Cops, is one of my all-time favorite programs. It’s the original reality show, and each time I watch I’m usually speechless. Most of the time, I can’t believe how much information the charged individual is telling the arresting officer. I’m sure most of the people have been arrested before, so I’m sure they’re not afraid of the consequences, and probably know more about the law that you do.
However, unless you’re being pulled over for a "simple" speeding violation, it’s in your best interest to keep your mouth shut. For one, if you are eventually charged with a crime, any information or confessions you give the police can and will get used against you in the prosecution’s case-in-chief. These types of admissions are called admissions against interest, meaning you wouldn’t confess to committing the crime, unless you’d actually committed the crime. The police officer will testify regarding your statement.
What about "hearsay" you ask? Doesn’t apply. Admissions against interest are exceptions to the hearsay rule, and therefore, admissible. Strike one, you’re out! Your attorney will work hard to keep that information from being part of the criminal trial, but there’s no guarantee.
The second reason you never want to talk to the police is because the officers can use any information to form reasonable suspicion, which is necessary to search your vehicle, person, or residence. By confessing to a crime or criminal activity, you’re only enhancing the officer’s necessary information. If you say nothing, there’s a later viable objection that the search or information obtained against you was "poisoned."
Third, cops can lie. This was a shocking revelation to me when I went through school. I had a naive belief that a police office must tell you the truth when he or she questions you regarding a crime. That simply isn’t true. The police may use anything lies or else to get you to confess to a crime. These lies may include false statements about evidence, accomplice confessions, or witnesses.
If you’re facing a criminal charge, it’s important to remember that you can, and must, assert your Constitutional right to silence. Any "innocent" statement, can have some drastic consequences in the end. You must assert that you will no talk to the police about the current crime, or any other crimes, without an attorney present.
