Being placed under arrest can be an overwhelming and stressful experience, but understanding your rights is essential to protecting yourself and ensuring fair treatment. In Washington State, law enforcement officers must follow strict legal procedures when making a custodial arrest. Here’s what you need to know about your rights during a custodial arrest.

The Right to Remain Silent on Custodial Arrest

One of your most fundamental rights during a Custodial arrest is the right to remain silent. Under the Fifth Amendment, you are not required to answer any questions beyond providing basic identifying information such as your name and date of birth. If questioned, you can state that you are invoking your right to remain silent and want to speak to an attorney. Any statements you make can and will be used against you in court, so it’s usually best to exercise this right until you have legal representation.

The Right to Be Informed of Charges

Under Washington State law and the U.S. Constitution, law enforcement must inform you of the charges against you. If you are arrested without being informed of your alleged offense, you or your attorney can challenge the arrest’s validity.

The Right to an Attorney

You have the right to legal counsel before answering any questions. If you cannot afford an attorney, the court must appoint a public defender to represent you. Requesting a lawyer should stop any further questioning by the police. If officers continue to interrogate you after you have invoked this right, they may be violating your constitutional protections, which could result in the suppression of any statements made.

Miranda Rights and Their Importance

Before conducting any custodial interrogation, police must inform you of your Miranda Rights, which include:

  • The right to remain silent.
  • That anything you say can be used against you in court.
  • The right to an attorney.
  • The right to have an attorney appointed if you cannot afford one.

If law enforcement fails to provide this warning before questioning, your attorney can file a motion to suppress any statements made.

The Right to Be Free from Unreasonable Searches

The Fourth Amendment protects you from unlawful searches and seizures. However, during an arrest, officers may conduct a search incident to arrest, meaning they can search your person and immediate surroundings for weapons or contraband. Beyond that, a search typically requires a warrant unless an exception applies, such as consent or probable cause.

The Right to Make a Phone Call

After an arrest, you generally have the right to make a reasonable number of phone calls to inform a family member, friend, or attorney of your situation. Washington law requires law enforcement to allow a detainee access to legal representation promptly.

The Right to Be Treated Humanely

Washington State law prohibits the use of excessive force or cruel treatment during an arrest. If you experience police misconduct, excessive force, or unlawful detention, document everything you can and consult an attorney as soon as possible.

What You Should and Should Not Do During an Arrest

What You Should Do

Stay calm and comply with the officer’s instructions. Invoke your rights respectfully but firmly. Keep your hands visible and avoid sudden movements. Ask if you are free to leave; if not, remain silent except to request an attorney.

What You Should Not Do

Do not resist arrest or attempt to flee, as this can lead to additional charges. Do not volunteer unnecessary information. Do not agree to any searches without a warrant. Do not engage in arguments or aggressive behavior with officers. Knowing your rights during an arrest can make a significant difference in protecting yourself legally. If you or a loved one is arrested in Washington State, exercise your rights, remain silent, and contact an attorney immediately. A skilled criminal defense attorney can help navigate the legal system and ensure your rights are upheld. If you need legal representation, contact the Law Office of Erin Bradley McAleer for a consultation to discuss your case and defense options