CLEARLAKE — Lake County Defense Attorney Jesse B. Chrisp along with colleagues Anna Gregorian, Esq. and Shawn Collins, Esq. hosted a Criminal Procedure Clinic Tuesday in Clearlake designed to provide the public with information essential to the preservation of personal, constitutional rights. The program, presented free of charge, offered a wealth of information including that pertaining to search and seizure, warrant service, detainment and consensual contact and invocation of rights.
The evening”s session was presented strictly for informational purposes and was in no way to be construed as legal advice. Chrisp said the event”s purpose was to inform people of their legal rights and provide them with knowledge to properly assert those rights. He said the session was not presented as a means to break the law and get away with it, but rather to preserve rights guaranteed under the constitution. Chrisp said some rights may be waived as conditions of parole or probation and may not apply to those who have agreed to such terms.
Among topics discussed was identifying the difference between detainment and consensual contact. Chrisp said citizens have the right to legal counsel if they are being detained or arrested. He said you are detained when you do not reasonably feel free to go.
“Consensual contact with law enforcement can lead to a detainment, so it”s always a good idea to find out if you are being detained to know if you should assert your rights,” Chrisp said. “If law enforcement is asking you questions and you want to know if you are being detained, ask them if you are free to go. If you are not, then you”re being detained and it”s time to assert your rights.”
Chrisp said that if you are not being detained, it”s a good idea to limit the interaction as to not risk saying something that might incriminate you, which he said happens more often than not.
Chrisp said that attitude is crucial when dealing with law enforcement and you should keep in mind that the officers” first priority is to protect public safety. He said if you treat law enforcement with respect that level of respect will usually be returned. “When dealing with law enforcement, always remain respectful and courteous,” he said. “For instance, when law enforcement approaches a simple ?good evening officer” or ?hello officer, how can I help you” will introduce respect into the interaction early on.”
Chrisp said that confession is never required despite what officers might say to entice you into a written or oral confession. “If you are being interrogated, or asked to sign a confession you can respectfully decline to make any statements and ask for an attorney. Then remain silent. A confession is only going to be used to strengthen the case against you,” he said. “Law enforcement may use all sorts of tactics and claims to get you to confess, but by remaining silent you are preserving your defense for an attorney who understands the law.”
Chrisp said that before an officer has probable cause to arrest you , you can refuse to consent to a search of your person or your car without legal consequences. You can simply state to the officer that you do not consent to searches, he said.
“If the officer disregards your lack of consent and still searches you or the vehicle, then any evidence collected after that can be suppressed in the case against you. Suppressed evidence cannot be used against you,” Chrisp said. “However, more often than not, the officer will respect your rights and if they have nothing else to base probable cause on, you may ask if you are free to go and then leave if they indicate you are.”
Chrisp said people have the right to refuse law enforcement”s request to enter your home unless the officer possesses a valid warrant. If law enforcement asks to enter your home, he said chances are they do not have a warrant. He said you can simply state, “Officer, thank you, but I can”t let you in unless you have a warrant.” If there is a valid warrant, Chrisp said make sure you read it and let the officer know that you do not consent to any searches outside the scope of the warrant.
“You should read the warrant to make sure the officers are not looking for something in a place where it could not possibly be,” Chrisp said. “For instance, if the warrant is to search for a stolen dirt bike, chances are that if the officer is looking in the freezer, that is not within the warrant. Yet, if you consent to a search of places that are not in the warrant, then later your ability to seek the suppression of items found outside the warrant will be lessened. Preserve your rights by letting the officer know that you do not consent to search outside the warrant.”
Chrisp said it is never a good idea to resist arrest and doing so elevates your personal safety as well as that of the officer. Again, Chrisp said the best thing to do is remain silent. He said the officer will likely read you your Miranda Rights and possibly ask you if you waive those rights, then continue with an interrogation.
“If you are being read your Miranda Rights, that is a good indicator to remain silent. Any of the statements you make after being arrested can and will be used against you,” Chrisp said. “The officers know this and may attempt to get you to answer questions. If you want to protect your rights, abide by Miranda and remain silent. Let the silence remain until you have an attorney, which may not be for several days until your arraignment.”
More information regarding legal rights can be found at www.flexyourrights.org/FAQ.
Editor”s Note: This is the second installment of a two part series pertaining to the Criminal Procedure Clinic held on Tuesday.
Contact Denise Rockenstein at drockenstein@clearlakeobserver.com or call her directly at 994-6444, ext. 11.
