1 00:00:00,280 --> 00:00:02,880 Speaker 1: Hi, I'm Jason Flamm and I'm the host of Wrongful 2 00:00:02,920 --> 00:00:04,240 Speaker 1: Conviction with Jason. 3 00:00:03,920 --> 00:00:07,440 Speaker 2: Flamm, and I'm Robbia Jaudry, attorney and co host of Undisclosed. 4 00:00:07,720 --> 00:00:09,879 Speaker 1: We want to talk to you today about your rights 5 00:00:09,920 --> 00:00:13,920 Speaker 1: and how they relate to interactions with the police. So, Robbia, 6 00:00:14,040 --> 00:00:16,720 Speaker 1: let's say someone's unlucky enough to have witnessed a crime 7 00:00:16,880 --> 00:00:19,360 Speaker 1: or become a person of interest in a police investigation, 8 00:00:19,480 --> 00:00:22,200 Speaker 1: someone the police want to speak with in connection with 9 00:00:22,320 --> 00:00:25,040 Speaker 1: a crime. Now, you've done nothing wrong, and even though 10 00:00:25,079 --> 00:00:27,560 Speaker 1: logic would tell us that an innocent person doesn't need 11 00:00:27,600 --> 00:00:31,040 Speaker 1: to protect themselves, we both know that time and time again, 12 00:00:31,160 --> 00:00:34,120 Speaker 1: that's often when you need the protection the most. So 13 00:00:34,560 --> 00:00:37,680 Speaker 1: what are some ways that I, or you, or anyone 14 00:00:37,720 --> 00:00:39,560 Speaker 1: could protect themselves in this situation. 15 00:00:39,840 --> 00:00:41,199 Speaker 2: Well, the first thing you got to figure out is 16 00:00:41,240 --> 00:00:44,040 Speaker 2: whether or not you're being detained. So ask ask am 17 00:00:44,080 --> 00:00:46,640 Speaker 2: I being detained? If you're not being detained, ask if 18 00:00:46,640 --> 00:00:49,360 Speaker 2: you're free to go? Now. The police can detain somebody 19 00:00:49,400 --> 00:00:52,080 Speaker 2: for a very brief period if they have quote reasonable 20 00:00:52,120 --> 00:00:54,960 Speaker 2: suspicion of involvement in a crime, But to make an 21 00:00:55,000 --> 00:00:57,960 Speaker 2: arrest they have to have probable cause. It's a higher standard. 22 00:00:58,240 --> 00:01:01,440 Speaker 2: If they're questioning you publicly, it's generally considered a detention, 23 00:01:01,640 --> 00:01:03,680 Speaker 2: and if it's out of you the public, it can 24 00:01:03,720 --> 00:01:06,319 Speaker 2: be construed as an arrest. Now, if you're told that 25 00:01:06,360 --> 00:01:08,240 Speaker 2: you are not free to go, you are being detained 26 00:01:08,319 --> 00:01:11,280 Speaker 2: or arrested, then you should reassert your right to stay 27 00:01:11,319 --> 00:01:14,720 Speaker 2: silent and refuse to consent to a search. If you 28 00:01:14,720 --> 00:01:17,600 Speaker 2: have been arrested, always, always, always, ask for an attorney, 29 00:01:17,760 --> 00:01:21,480 Speaker 2: ask no questions, and sign nothing. Remember, if no one talks, 30 00:01:21,520 --> 00:01:25,600 Speaker 2: everyone walks. Just don't be talked into cooperating with the police. 31 00:01:25,680 --> 00:01:27,840 Speaker 2: I promise you. It can never help you. It can 32 00:01:27,880 --> 00:01:30,240 Speaker 2: only hurt despite what they may say to you. 33 00:01:30,600 --> 00:01:32,960 Speaker 1: And let's not forget they're allowed to lie to you. 34 00:01:33,000 --> 00:01:35,319 Speaker 1: They're legally allowed to lie to you in the interrogation room. 35 00:01:35,440 --> 00:01:38,880 Speaker 1: So do not say a word because anything you say 36 00:01:38,920 --> 00:01:41,440 Speaker 1: ken it will be held against you. That's not hyperbole. 37 00:01:41,920 --> 00:01:44,800 Speaker 1: You will get yourself in a jam that even we 38 00:01:44,880 --> 00:01:47,000 Speaker 1: can't get you out of. And we see it, time 39 00:01:47,040 --> 00:01:47,400 Speaker 1: it again. 40 00:01:47,800 --> 00:01:50,000 Speaker 2: And if you've been read your miranda right, don't, under 41 00:01:50,040 --> 00:01:53,160 Speaker 2: any circumstance waive them. Reaffirm your demand for an attorney 42 00:01:53,200 --> 00:01:55,200 Speaker 2: and your right to remain silent. 43 00:01:55,360 --> 00:01:59,520 Speaker 1: To learn more and get involved. Listen to Undisclosed. I 44 00:01:59,600 --> 00:02:01,040 Speaker 1: listen to it and I hope you do too. 45 00:02:01,280 --> 00:02:03,360 Speaker 2: And listen to the Wrongful Conviction podcast. 46 00:02:03,920 --> 00:02:05,560 Speaker 1: These are your legal rights. 47 00:02:06,000 --> 00:02:09,080 Speaker 2: Know your rights, understand your rights, and exercise your rights.