Thank you for asking me “What is a Field Interrogation?”
Field interrogation refers to the common practice of asking questions of citizens who are suspected of some potential wrongdoing but who are not under arrest (and who are therefore not read Miranda prior to “on-the-street” questioning).
Field interrogations can occur either by way of a consensual encounter (i.e. a cop walks up to you and starts asking you questions, in which case you are free to walk away without recourse) or pursuant to a formal detention (in which case you cannot leave immediately but you are also not under arrest).
Field interrogation most typically occurs with juveniles, and often times with suspected gang members, who cops will stop for a variety of reasons, who will be identified and then the information recorded and preserved… Meaning that the date, time, location and purpose of the stop, as well as both the identity and identifying characteristics of the subject will be written onto a “field interrogation card” and preserved in the police records for future use.
Many cops will abuse this investigative tool and many citizens do not understand their rights. You do not have to answer any police questions and absent probable cause for an arrest you must be released.
Still, your best bet is almost always not to have attitude with the cops, to be pleasant and polite, to show your ID and to advise that it’s not personal but, unless you are calling them for help you don’t really want to speak to the police about anything… In other words, don’t incriminate yourself and don’t give the cops cause to make anything up and find an excuse to arrest you.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
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