Justice360 - Legal Bulletin: Speaking with Law Enforcement

As Muslims all across America find themselves under increasing surveillance from local and national law enforcement agencies, it is imperative that each of us have in mind a plan of action in case we are ever approached by law enforcement for questioning. This article will highlight why it is never in your interest to speak to law enforcement, even if you are innocent. If you are approached by law enforcement for questioning, you should always state, "I invoke my right to remain silent. I would like to speak to an attorney before answering any questions."

The 5th Amendment of the U.S. Constitution protects your right to remain silent. It states, "No person…shall be compelled in any criminal case to be a witness against himself." This right applies to both U.S. citizens and foreign nationals living in the United States. In any encounter with law enforcement - whether you are arrested or whether they come knocking at your door fishing for information - you have absolutely no duty or obligation to speak to them, and a judge or jury cannot assume you are guilty on the basis of your decision to remain silent. Below I will mention two reasons why it is never in your interest to speak to law enforcement.

First, because of the massive body of both federal and state criminal law, by speaking to law enforcement, you may unknowingly implicate yourself in a crime. The American Bar Association estimates that there are over 10,000 federal criminal laws in effect today. According to one law professor, these criminal laws are scattered over 27,000 pages of the U.S. Code, which is the set of books that codifies U.S. federal law. Additionally, there is a vast body of state criminal law that applies specifically to the residents of the state in which you reside. Many of these laws make it illegal to purchase certain items or do things that seem perfectly normal and rational. By freely speaking to law enforcement, you may unknowingly admit to doing something which you did not realize was illegal, which may later be used against you.

Secondly, even if you are innocent you should still invoke your right to remain silent if approached by law enforcement. The FBI and the police in many states are allowed to lie to you in order to extract information. However, if you lie to law enforcement, you have committed a federal crime. Thus, if while speaking to law enforcement you carelessly make a false statement, this can be used as the basis of a criminal prosecution against you. This danger is compounded by the fact that law enforcement personnel often employ dirty questioning techniques that are designed to trick you and make you unknowingly make a false statement. Moreover, even if you are innocent, law enforcement's job is to build "probable cause" and develop a legal case against you or someone else. By speaking to them, you open yourself up to the possibility of them extracting information from you that can later be used against you in a criminal trial where a prosecutor may selectively pick and choose from the statements that you gave to try to infer your guilt.

In conclusion, remember that speaking to law enforcement can never help you, but it can always harm you. Invoke your right to remain silent and consult a criminal defense attorney before speaking to law enforcement.

The author of this article can be reached via email at Justice360@muslimcongress.org.

For more information about Justice360, visit http://www.muslimcongress.org/360

DISCLAIMER: Justice360° Legal Bulletin’s are meant to assist in the general understanding of the current law relating to the stated topics. JUSTICE360° LEGAL BULLETINS SHOULD NOT BE REGARDED AS LEGAL ADVICE. Organizations or individuals with specific questions should seek the advice of legal counsel.

________________________________________________________________________________________________________________________________

Archives: Free Speech on Campus