Arrested At A Holiday Event In Tarrant County, Texas? What You Should (And Shouldn’t) Say To The Police

In this article, you can discover…

• What to say (and not to say) if you’re arrested at a holiday party.
• Whether the police have the legal right to search your belongings.
• Who to call after an arrest during a holiday event in Texas.

What Should I Say To Police Officers At The Scene Of A Holiday Arrest?

If you’re at a holiday party and the police arrive (perhaps because there has been an argument or the party has gotten loud), remain calm. The police will likely separate witnesses to obtain their descriptions of what happened and determine whether anyone should be arrested.

If you choose to speak to the police, remain calm and ensure your statements are corroborated by evidence. In general, however, it is advisable not to answer any preliminary police questions, even if you are not yet under arrest. Frankly, you don’t know who made that initial phone call, what the officer’s assumptions are, or if they’re heading onto the scene with inaccurate information.

In addition, the police are not there to get to the truth, mediate the situation, and then leave. They are there to determine if there is probable cause to arrest anyone. In these situations, the less you say, the better.

If you are being arrested by police at a holiday event, stay absolutely quiet. Don’t try to explain yourself, and don’t answer any questions.

What Are My Rights If The Police Ask To Search My Car Or Personal Belongings?

You have the right to refuse to consent to a search. You have the right to politely inform the police that you do not consent to a search of your belongings or vehicle.

This is because, to search your belongings, the police must have either your verbal consent, probable cause to believe that a crime has been committed, or a warrant. If the police casually say, “Hey, do you mind if I search your bag real quick?” and you say, “Yes”, you have just given them verbal consent to execute a search and they no longer need probable cause or a warrant to do a complete search of whatever you just agreed to.

If the police have probable cause to believe that a crime has been committed or that an illegal activity is taking place, they may conduct a search without a warrant (but they do have to have exigent circumstances or there has to be an exception to the warrant requirement, such as the “automobile exception”. For example, if the police smell marijuana in your vehicle, they may search it without a warrant because your vehicle is highly mobile.

Still, it’s best not to make the police’s job easy for them. Should the police request permission to search your belongings or vehicle, politely but firmly say “No.” You may be entirely unaware of an item or substance in your vehicle (such as someone else’s prescription medications), and giving consent can lead to an arrest you don’t deserve and didn’t expect.

Attorney Jonathan Lowe is a practiced, trusted criminal defense lawyer serving Texas. Since 2014, he’s helped clients just like you carefully and proactively handle arrests at holiday parties, helping them protect their rights and interests in the process.

Have questions, or in need of legal representation? Reach out to The Lowe Law Office, PLLC for an initial consultation today.

How Is Probable Cause Determined By The Police?

To have probable cause, the police must have corroboration that their concerns about possible illegal activities are justified. For example, if the police smell marijuana, see a pill bottle on the passenger’s seat, or if you verbally admit to having a weapon or drugs on you.

But if someone else simply states that they believe you have drugs on you, this does not constitute probable cause. Anything less than an officer personally corroborating illegal activity is “reasonable suspicion”, but this is not a high enough standard for them to conduct a search without a warrant.

If the police frisk you and pull a weapon or drugs out of your jeans’ pocket, your attorney can file a motion to suppress this evidence, as they should not have been searching you without probable cause or without being able to immediately identify the substance or item on you as an illegal substance or a firearm. However, if the police have a warrant or if they can positively identify a weapon or drugs on your person before they search you, they can use anything found during that search against you.

Who Should I Call First After Being Taken Into Custody At A Holiday Event?

Most people will assume that the best thing to do is to call your attorney immediately after an arrest. But truthfully, you should exercise your right to remain silent and only notify someone of the fact you have been arrested and where you are located. You can absolutely call your attorney, but usually at this stage in the process, you have to go through the booking process and see a judge. The jail usually records all phone calls, so do not try to be coy, simply let a loved one know where you are and stop talking. You have to go through the process of seeing a judge and having a bond posted.

First, a judge must determine if there is probable cause to keep you detained, what the bail amount will be, and if there will be any bond conditions. A judge isn’t likely to listen to a defense attorney right after your arrest; they’ll simply be looking at the police report, your criminal history, and any public safety factors.

So, who do you call? Have the number of a close friend or family member memorized. When you can, inform them you’ve been arrested and are in custody. Don’t discuss the details of your case, as these calls are monitored. Simply say “I’m innocent, I was arrested, I’m at so-and-so jail, I’m going before the judge tonight, please bond me out”. That’s it. After you’ve been bonded out, you should reach out to your attorney.

Still Have Questions? Ready To Get Started?

For more information on handling Holiday arrests in Tarrant County, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (817) 369-9666 today.