So Miranda is not enough? Is “Lawyer” enough? Or is this pre-arrest?
In the US, case law has ended up more protective of people who invoke their right to an attorney than those who merely invoke their right to remain silent.
In certain cases the police can restart interrogations after invocation of a right to remain silent, but if you invoke the right to an attorney any interrogation must stop until your counsel is present. These exceptions are narrow, but “being interrogated by the police” is the last place to chance stumbling into one.
The magic words are: “I will not answer any questions without a lawyer present.”
I’m not interested in lying to the police, but when I know that they can lie to me, it’s a big disincentive to say anything to them at all. This is a problem.
> "you are not legally allowed to lie to the police."
I know that lying under oath in a court is perjury and in certain contexts some investigative agencies like the FBI can put you under oath and in that specific case materially false statements can be actionable. And I know that filing a false police report is against the law but I think that usually requires signing the report and it spells out that lying on the statement is perjury.
But, in the scenario of a police officer just walking up and asking you questions on a street corner, prior to arresting or detaining you, is anything you say about anything which is later deemed to be false or misleading cause for arrest? Maybe it is but I'm trying think of what law it would be violating. I do know that civil libertarians say that if a police officer talks to you, you can ask "Am I being detained?" and if they don't answer "Yes" you are free to just walk away.
My naive prior understanding is that things are more complicated and conditional than simply "Lying to a cop anytime, anywhere is always grounds for arrest and prosecution (even absent any other grounds for arrest)" but perhaps I was misinformed on this.
State laws about lying to police vary by state. Ask your lawyer.
https://www.popehat.com/2009/09/22/today-in-shut-up-moron-te...
Note that the "lawful duties" portion is apocryphal.
It’s shameful though how many false police reports are not prosecuted because they fall in line with the perceived powers of police forces.
I'm curious. How do people get a lawyer, if they aren't exactly prepared for being questioned, but just somehow unexpectedly found themselves in some weird situation?
Somehow, I doubt most common folks already have an established lawyer (especially not knowing what sort of situation they may get into - as I get it, different lawyers specialize on different matters) and remember their phone number (OP reminds me that one probably doesn't want to unlock any phone). Or I'm wrong? What's the general approach here?
Otherwise, you’ll be arrested and taken to jail for processing. Your bail will almost always be predetermined by a bail schedule. For minor crimes you can post bail to the jail and leave within hours. Some jails even take credit cards. Search for a lawyer on your own after you are out.
Otherwise the rules are varied across jurisdictions. “You get one call” is a TV trope” - but you can use any phone calls you are granted to secure an attorney. The state bar, as mentioned, will refer you. Call your family and have them secure one. Some jails have the yellow pages for your own selection. If you have a non-criminal attorney (a will, employment law, etc.) they can give you a referral.
https://slate.com/news-and-politics/2017/10/suspect-asks-for...