Defendant's RightsIn Pennsylvania, as in all other states, every person has certain constitutionally guaranteed protections, including but not limited to: the right to a speedy trial, the right against self-incrimination, the right to trial by jury, the right to counsel, and the right to confront witnesses. However, those individuals unfamiliar with the criminal justice system and who find themselves to be the subject or target of a criminal investigation, frequently unknowingly assist law enforcement officials in developing reasonable suspicion or probable cause that ultimately result in their arrest. The issues of whether to cooperate in an ongoing criminal investigation; provide written, oral or videotaped statements to law enforcement officials; or consent to a request for a warrantless search will be addressed below. 1. No Duty to Cooperate with Law Enforcement Officials. There is absolutely no duty to cooperate with police, detectives, special agents, or other law enforcement officials in an ongoing criminal investigation; particularly when the individual whose cooperation is sought is the "subject" or "target" of the investigation. In other words, there is no duty to provide information that may be interpreted by law enforcement officials as incriminating. Many people make the mistake of attempting to "talk their way out" of criminal charges. Invariably, such attempts prove unsuccessful and lead to an arrest. Frequently, law enforcement officials seek cooperation because they do not have sufficient information to establish reasonable suspicion or probable cause to arrest. Generally, law enforcement officials request voluntary cooperation in order to "fill in the blanks" of their criminal investigation; and will emphasize that the person whose cooperation is sought is not under arrest and is free to leave or discontinue the "interview." However, since there is no way to know the source, content, or accuracy of the information possessed by law enforcement officials, all requests to provide information should be resisted "out of an abundance of caution." Under no circumstances should an individual provide information to law enforcement officials without the involvement of an experienced criminal defense attorney. 2. No Duty to Provide Statements. The right against self-incrimination is guaranteed by the constitutions of both the United States and the Commonwealth of Pennsylvania. Generally, voluntary statements (oral, written or recorded) made to law enforcement officials during the course of a criminal investigation, regardless of location, may be introduced at trial as evidence against an accused and labeled as an "admission" or "confession". Notification of Mirandarights (i.e, "you have a right to remain silent, anything you say will be used against you in a court of law, you have a right to an attorney and, an attorney will be provided if you cannot afford one") are required only during "custodial interrogations". In other words, law enforcement officials must advise individuals of their Miranda rights prior to questioning (i.e., interrogation), but only when the individual is in custody (i.e., either under arrest or not free to leave.) Frequently, law enforcement officials are trained in the art of custodial interrogation, and are frequently successful in obtaining "false admissions". As it is extremely difficult to successfully defend criminal cases involving admissions or confessions, any such statements should be avoided regardless of any promises or inducements offered by law enforcement officials. 3. No Duty to Consent to a Warrantless Search. The constitutions of both the United States and the Commonwealth of Pennsylvania guarantee all citizens the right to be free from unreasonable searches and seizures of their bodies, clothing, personal effects, residences, vehicles, and any other area where they have a "reasonable expectation of privacy." As a general rule, searches are illegal unless accompanied by a search warrant that is supported by probable cause. Frequently, however, requests for permission to conduct warrantless searches occur during vehicle stops ("Do you mind if I search your vehicle for weapons or drugs?") or "knock and talk" encounters at residences ("Can we come in and talk with you?") While there are exceptions to the warrant requirement such as the "plain view doctrine", there is absolutely no duty to assist in an investigation by voluntarily consenting to a request to search, particularly in situations where law enforcement officials have not previously obtained a search warrant. It is extremely difficult for a criminal defense attorney to attack the legality of a warrantless search when consent (written or otherwise) has been given and, consequently, all requests for consent should be denied. |
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