Many people in Okaloosa & Walton County ask me as a criminal defense attorney, “What am I allowed to say to law enforcement and police when being arrested or under a criminal investigation?”
The easiest way to answer this question is to make it simple for the client. So on the back of my business cards, I have the instructions for anyone dealing with a criminal investigation or encounter with law enforcement.
It is like the six commandments of police interaction and I tell my clients to simply read the card to the officer. This is what it says on the back of my business card:
TO ALL LAW ENFORCEMENT AGENCIES, OFFICERS, AND PERSONNEL
I understand that you have a job to do, but with all due respect and under the advice of my Attorney, Thomas Shawn Lupella, Esq.
I am invoking my rights as provided under the FIFTH, SIXTH, and FOURTEENTH Amendments to the United States Constitution.
I shall not surrender or waive any of my legal rights–no matter what is promised to me.
I hereby invoke my right to legal counsel and I demand that my attorney be present during any and all police questioning: including, but not limited to, police seizures, detentions, and custodial interrogations.
If my attorney is not present during police questioning, I invoke my constitutional right to remain silent and the privilege against self-incrimination.
I will not consent to any search or investigation of my home, vehicles, or personal property under any circumstances and any requests to do so should be relayed through my attorney.
I demand that my lawyer be notified immediately and allowed to be present during any police lineups or identification confrontations.