What to Do (and Not Do) During an Arrest in Vista

Last Updated on July 2, 2025

By the time most people realize they need a criminal defense attorney, they’ve already been arrested. But police often informally question a suspect before placing someone under arrest —so it pays to know what you should and shouldn’t say when you encounter a police officer. Sadly, many people don’t know what to do when stopped by the police, so they fail to adequately protect their rights. As a result, they may end up doing something that may later hurt their case. While everyone should know this information, it can be particularly useful to those already suspected of a crime.

Invoke Your Right to Silence

When the police stop you, remember that while they have the right to detain you, you still have rights of your own. One of your most important rights is your right to silence. Whether you have been pulled over on suspicion of drunk driving, have been stopped on the street because police suspect you of a drug crime, or discover police on your front porch asking about someone you know who has gone missing, always invoke your right to silence. Doing so does not just mean literally staying silent, but actually stating that you are invoking your Fifth Amendment rights, that you will not reply to questions until your lawyer is present, or that you are taking advantage of your right to remain silent.

Miranda isn’t Mandatory

While police questions may seem innocent enough, police are experienced in getting suspects to say or do things to help their investigation. It is easy for something you say to be taken in the wrong context and later held against you. Contrary to public belief, you do not need to be read your Miranda rights, or even be a suspect, to have your statements to police used against you. In fact, Miranda warnings are only required for custodial questioning by police, meaning you have to be in custody and be questioned by police.

When You Want to Help the Police

Always have an attorney present before speaking with the police, even if you want to aid the investigation. If you do talk to the police though, remember that you have the right to stop speaking with them at any time.

Don’t Speak and Don’t Lie

Also, recognize that despite what police procedural shows may tell you, refusing to answer police questions cannot result in your being charged with obstruction of justice, and cooperating is unlikely to help you later on. On the other hand, if you lie to the police, this can result in your being charged with a crime.

Answer Questions About Your Identity

Just as you are required to actually say that you are invoking your right to silence, you are legally required to answer questions related to your identity. The law requires you to provide the officer with your name, home address, and ID. Do not offer any additional information though, including details about where you have been in the past or if you know a particular individual.

Be as Polite as Possible

You are not legally required to be cordial to law enforcement officers. The Supreme Court has even ruled that you have the constitutional right to flip them off as part of your First Amendment right to free speech. However, things typically go much more smoothly if you are kind and respectful.

If you are upset, remember that the officers questioning you likely do not have any personal animosity toward you but are just trying to do their jobs. But if you are hostile from the get-go, they might dislike you, giving them extra motivation to search you or file charges against you.

Don’t Believe the Police

Just because you’re being polite doesn’t mean you need to believe everything an officer says to you. Even though it’s illegal for suspects to lie to the police, police have the right to lie to suspects. In fact, police often lie about evidence, about keeping things “off the record,” about DNA, gun residue, or similar tests they’re performing or have performed, and more. Always refuse to speak with the police without your attorney present. Your attorney should be familiar enough with these tricks to know when to question their information.

Ask if You are Being Detained

If a police officer keeps trying to question you, you have the right to leave if you are not being detained. You can ask if you are free to go or being detained at any time. If you are free to go, do so.

When an officer says you are being detained, immediately ask to speak with an attorney and invoke your Fifth Amendment right to silence. You have the right to hear the charges being brought against you. If you don’t know why you are being detained, ask.

If you want to help with an investigation and are not being detained, get the officer’s phone number. Then, speak with your lawyer before calling the officer back to discuss the matter.

What Should I Never do During an Arrest?

Just like you should never lie to the police when you are being stopped, trying to flee from the police, or resisting arrest can leave you facing criminal charges, even if you haven’t broken any other laws. If officers place you under arrest or attempt to search you, remember that even trying to swat the police officer’s hands away can sometimes result in exaggerated charges like assault on a police officer.

Never Consent to Police Searches

Agree to let the police enter your home without a warrant, and never agree to let police search your property. Unless officers have a warrant, your consent, or there are exigent circumstances in play, they cannot search your property or your body, though they can pat you down to see if you have a weapon.

Vehicle Searches

However, there are slightly different rules when it comes to vehicles. An officer may search a car after seeing contraband inside, placing the driver under arrest, or before impounding the vehicle. While they have the right to look in your car without a warrant, they cannot search other things, such as your phone or your bag, so never unlock your phone or open your purse or backpack for police.

Searches of Your Home

If the police show up at your home and ask to look inside, ask to see their warrant and tell them you want to speak to your lawyer. Do not invite an officer into your home without your lawyer present, as anything in plain sight can be used as evidence.

What to do During a Police Search in Vista

While search and seizure laws can be complex, if officers have the right to search your property and have grounds to do so, they’ll do it even without your permission. If not, they’ll either need to wait for a warrant, get your permission, or be prepared for any evidence they uncover to be inadmissible. Try to avoid looking at places you do not want the police to investigate just in case they are able to search your property legally.

Whether legally performed or not, do not resist any search of your car, person, home, or other property. Attempting to stop a search can result in you being arrested and possibly charged with obstruction of justice. If a search is illegal, your attorney can attempt to have any resulting evidence deemed inadmissible. He may even be able to get the police to discontinue the investigation against you.

Can Police Legally Turn Off Their Body Cams?

Yes. In fact, they’re sometimes required to do so under department policies. For example, officers must disable cameras when confidentiality is mandatory during an investigation. However, there are also situations where they are required to use them —typically during any enforcement-related activity. Ordinarily, officers are not supposed to film interviews with witnesses or victims. However, department policy makes an exception for domestic violence victims, as they frequently change their stories after their initial interview.

In situations where police have the discretion to disable their body cameras when they should otherwise be filming, they must fully document the incident and the reason they turned off the device, or they could face potential disciplinary measures. Unfortunately, while department policy is very clear on these issues, studies show that officers fail to turn on their body cameras as much as 40 percent of the time.

Are Police Allowed to Cover Their Badge Numbers?

While this should be illegal since it is done to purposefully reduce transparency between the police and the public, the reality is that though it is against policy, it is not against the law. Police can be disciplined for hiding their badge numbers, facing penalties up to termination from the department. However, they cannot face criminal charges for doing so.

What Should I Do if I am Arrested in Vista?

Continue to remain silent and ask to speak to your lawyer. As soon as you get an opportunity, write down every detail you can remember about your encounter with the police. If you suffered any injuries during the arrest, photograph them well. If you feel your rights were violated, even a tiny detail could play a significant role in having the charges against you dropped or reduced or getting your confession thrown out.

Beyond that, take time to learn more about what is to come. While most people know that arrested individuals may then face a bail hearing and a trial, there are many steps in between these court dates that few people outside the criminal justice system are familiar with. Only a handful of cases even end in trials due to the prevalence of plea bargains. Because plea bargains are so common and the quality of a plea bargain is directly tied to the negotiating skill of your lawyer, only work with a top criminal attorney when you are accused of a crime.

Call a Lawyer Today

Remember that you have rights when speaking with the police, but you can also easily accidentally waive them by answering questions without your criminal lawyer or by inviting the police into your home without a warrant. Do whatever you can to protect your rights during police encounters and contact an attorney as soon as possible. Call (760) 643-4050 to speak with Peter M. Liss at your first available opportunity.