There have been discussions about the right to remain silent, but what other rights are routinely waived? Right to a speedy trial? Right to a trial by jury?
What, if anything does the accused get in return? What would be considered a fair exchange?
Are they ever tricked or coerced into waiving these rights?
Does it ever come back to really bite them?
In what situations should I assert a right that is often waived?
Remaining silent is probably the biggest on. Perhaps allowing the police to search your property without them having a warrant is another (e.g. “Mind if we look in your trunk?”).
Speedy trial and trial by jury will be seen to by your attorney so no issue there. If you waive them you have likely done so on advice of your attorney and want to.
You get almost nothing in return. Possibly the police will extend immunity from prosecution for some particular testimony but they’ll probably try to get it for “free” first (i.e. just get you to tell them outright).
Yes people are tricked into giving up some of these rights all the time. Particularly the right to remain silent one. They can lie all they like to get you to talk. “It’ll go easier on you if you talk to us” or “We want to help you but we can’t unless you talk” etc… That is all fine. There was a post here awhile back that linked to a great (and long) YouTube video where an attorney and then a police officer discussed this. Their absolute recommendation was to shut your mouth when the police question you except to ask for your attorney. Literally say nothing…even something you think is innocuous or “safe” to say. The part about “can and will be used against you in a court of law” is real and they will.
Never waive your rights till you speak with an attorney. There is some handy wallet sized thing on the internet you can print out which spell out your rights when stopped by the police. Mostly it sums up as be polite, say nothing except ask for your attorney (assuming the police have arrested you).
Testifying against a co-defendant or pleading guilty usually results in a lighter sentence. All depends on the nature of the offense and level of criminality.
You name yer pison and take yer chances.
Generally speaking the benefit you get from waiving your rights is that the investigation ends (if you’re innocent) or you get a reduced punishment (if you’re guilty).
Let’s say the police are looking for evidence of some crime that you know you didn’t commit. They want to search your house. You could stand on your rights and demand they obtain a warrant. That would delay both them and you for hours. You decide instead to waive your right, voluntarily let them search your house, convince themselves there’s criminal evidence present, and leave.
In cases where you did commit a crime, the stakes are higher and the agreement is usually more formal. You might agree to waive your right to a jury trial and plead guilty in exchange for a lesser sentence than might have been imposed after a full trial.
I think you meant to say “convince themselves there’s no criminal evidence present”?
Yes, that’s what I meant.
Per a Judge freind of mine and the ACLU- as soon as they read you your rights, you have only two things to say: “I want to speak to my/an attorney” and “Am I free to go?” (plus minor personal ID info, of course). Otherwise- STFU.
Note that the Police can lie to you. They can tell you they found your DNA and fingerprints at a scene where in reality they have not (more ethical police will frame these as “What would you say if we found you DNA at the scene?”) . They can say your freind ratted you out.
http://www.aclu.org/police/gen/14528res20040730.html
"*Think carefully about your words, movement, body language, and emotions.
Don’t get into an argument with the police.
Remember, anything you say or do can be used against you.
Keep your hands where the police can see them.
Don’t run. Don’t touch any police officer.
Don’t resist even if you believe you are innocent.
Don’t complain on the scene or tell the police they’re wrong or that you’re going to file a complaint.
Do not make any statements regarding the incident. Ask for a lawyer immediately upon your arrest.
Remember officers’ badge and patrol car numbers.
Write down everything you remember ASAP.
What you say to the police is always important. What you say can be used against you, and it can give the police an excuse to arrest you, especially if you bad-mouth a police officer.
You must show your driver’s license and registration when stopped in a car. Otherwise, you don’t have to answer any questions if you are detained or arrested, with one important exception. The police may ask for your name if you have been properly detained, and you can be arrested in some states for refusing to give it. If you reasonably fear that your name is incriminating, you can claim the right to remain silent, which may be a defense in case you are arrested anyway.
You don’t have to consent to any search of yourself, your car or your house. If you DO consent to a search, it can affect your rights later in court. If the police say they have a search warrant, ASK TO SEE IT.
Do not interfere with, or obstruct the police – you can be arrested for it.
IF YOU ARE STOPPED FOR QUESTIONING
It’s not a crime to refuse to answer questions, but refusing to answer can make the police suspicious about you. If you are asked to identify yourself, see paragraph 2 above.
Police may “pat-down” your clothing if they suspect a concealed weapon. Don’t physically resist, but make it clear that you don’t consent to any further search.
Ask if you are under arrest. If you are, you have a right to know why.
…
IF YOU’RE ARRESTED OR TAKEN TO A POLICE STATION
You have the right to remain silent and to talk to a lawyer before you talk to the police. Tell the police nothing except your name and address. Don’t give any explanations, excuses or stories. You can make your defense later, in court, based on what you and your lawyer decide is best.
Ask to see a lawyer immediately. If you can’t pay for a lawyer, you have a right to a free one, and should ask the police how the lawyer can be contacted. Don’t say anything without a lawyer.
3…
5. Do not make any decisions in your case until you have talked with a lawyer.
IN YOUR HOME
…"*
Any fun or interesting examples provided?
-FrL-
I am a big fan of the police-video clip shows that run so often on SpikeTV and other channels. Invariably, there are any number of drivers who consent to a policeman’s search of their car, whereupon the police officer finds several pounds of marijuana.
Why in the world would anybody consent to a search of their car if it’s crammed with contraband?
None personally but watch the links below (finally found the thread where zeno provided these). Particularly watch Link 2 to answer your question. Link 1 is a defense attorney then he introduces the police officer in Link 2 to either support or debunk what the attorney said. The officer absolutely supports the defense attorney in the notion to shut your trap and provides real life examples as well as how he works witnesses.
It is very eye opening. Really watch it (both vids together are 40 minutes long but very interesting). You’ll never talk to the police again without an attorney present. 
“I’d say ‘I used to watch Perry Mason all the time, too, officer.’”
Because if you don’t, they will bring a drug-sniffing dog out, then when it responds, they will have probable cause to search your car without your consent. So it’s going to happen anyway; why waste a few hours standing around and waiting for the inevitable?
A man in Illinois claimed this happened to him when he was a suspect in the death of his daughter. He confessed to killing her, then later said he’d only done it because he was browbeaten and threatened by the police.
After he spent 8 months in jail, claiming his innocence, the DNA evidence excluded him as a suspect. His statement about the incident is at the bottom of the linked page. I also recall reading that he claimed the police told him that his wife and his father believed he’d killed his daughter and that they’d turned against him and would testify against him.
The problem with this is that he’s claiming he did not give up his right to an attorney. I guess the moral of the story is, try to contact someone (who will go about getting a lawyer quick) before the cops haul you away!
I’m not so sure.
Yes the SCOTUS decided that a drug sniffing dog could be used during a traffic stop (an appalling decision I think). However, if the officer has no reason to suspect you of anything more than speeding I do not think it would be found reasonable for them to detain you while a drug sniffing dog is called in. Of course if they have probable cause (say they smelled marijuana smoke coming out of your car when you opened the door) then you are busted anyway and I think they can just start searching your car dog or no dog as they have probable cause.
To clarify, this may be true after you work out a deal with prosecutors. Don’t just start providing evidence against your co-defendants right away with the assumption that the prosecutors will demonstrate beneficence about it later.
As always, don’t say anything until you have your lawyer with you.
Actually the police officer in the video I linked mentioned that if you were cooperative during the investigation it can help you at sentencing. You are still going to jail and how much it mitigates your sentence is anyone’s guess but he did say it counted.
The fact you declined to allow a search is NOT probable cause all by itself. If they ask you to wait until the dog gets there, then you have the right to ask “am I free to leave/go?”. If they say no (don’t allow any wiggle room, make them say yes or no) then things have changed and your stop is no longer consentual. IANAL.
You can waive your right to a jury trial. This generally gets you to trial faster, and reduces the sentence if you are found guilty. At least that’s how it works here in Philly.
Also remember with warrents they are always made out to include small unimportant items. The courts have ruled over the years the police can only search where it would be possilbe to find an item. For instance if the cops have a search warrent and are looking for a TV they can’t look in ring box because a TV couldn’t fit in a ring box. But if they put drugs or some other thing on the warrent, they can pretty much NOW look anywhere.
Second remember anyone can lie, and it’s up to you to prove the cops lied
Lastly the cops can simply say “Fine you don’t have to talk, we’ll hold you in that cell with Charlie the basher, till your lawyer arrives.” Who wants to be locked up with a maniac for a fews hours.
If you assert your rights, it’s important not to do it in a hostile way, as they are just too many ways to get back at you.
Being inocent of a crime does not mean that evidence suggesting you may have done it won’t be found or presumed… and if there are no better suspects you may well end up in deep trouble despite doing nothing.
Eg) I’m a young generic looking male and live in a big city that has a lot of stabbings; I also do some beaver trapping (and skinning) outside the city, and hence carry a folding knife and often have a few blood drips and bloody paper towels in my truck. So, the cops get a call that a young white man stabbed someone then drove away in a truck. Matching that general description they pull me over, and not knowing what they’re after but knowing I did nothing wrong I let them search my truck to hurry things up, and they find a bloody knife under the seat. Guess what’s gonna happen to me. It won’t matter what my explanation is - I’m spending some time in jail while the law investigates/takes photos/impounds my vehicle/runs blood tests/questions my family/etc.
Sure, 3 months later my lawyer will straighten everything out and I’ll be let go, but I could have avoided the whole thing in the first place. You never know what the police are looking for or why; especially when they are trained to lie to you. You also never know what unrelated items or statements might be interpreted as evidence of a crime. Better not to gamble with your freedom to save a little time; the cops certainly don’t mind hanging around for a few hours getting overtime. In fact that was one of the issues brought up by the detective in the linked video; he uses the fact that a suspect just wants to go home and will say or do just about anything to speed things up and get out of there - don’t fall into that trap.