Your RIGHTS when they say “YOU'RE UNDER ARREST”
The words "you're under arrest" trigger a cascade of emotions—fear, confusion, panic.
But listen to me now:
these words should also trigger a mental checklist of your CONSTITUTIONAL RIGHTS that the police hope you don't understand and don't exercise.
THEY HAVE A SCRIPT. NOW YOU HAVE YOURS.
The officers arresting you follow a carefully crafted script designed to extract MAXIMUM information while providing MINIMUM protection. Their questions seem casual. Their tone seems friendly. Their promises seem genuine.
Don't be fooled. This isn't a conversation—it's an EVIDENCE-GATHERING operation against you.
Your script is simpler but infinitely more powerful:
"I am exercising my right to remain silent. I want to speak with my attorney."
These 12 words invoke both your Fifth Amendment right against self-incrimination and your Sixth Amendment right to counsel. Once spoken, ALL questioning must STOP.
THE SILENCE THEY DON'T WANT YOU TO MAINTAIN
The prosecution builds cases on your words. Your explanations. Your contradictions. Your admissions. They NEED you to talk.
You must AFFIRMATIVELY invoke your right to remain silent. Simply staying quiet isn't enough.
You must STATE YOUR INTENTION to remain silent.
THE "JUST HELPING YOU OUT" DECEPTION
You'll hear it time and again: "I'm just trying to get your side of the story." "This is your chance to explain." "I want to help you out, but I can only do that if you talk to me."
Let me be crystal clear: THE OFFICER IS NOT YOUR FRIEND. THE OFFICER IS NOT YOUR ADVOCATE. THE OFFICER IS BUILDING A CASE AGAINST YOU.
YOUR RIGHT TO A PHONE CALL
Washington law establishes your right to telephone communication "immediately upon request" and no later than three hours after arrest (RCW 10.16.030). Yet this right is routinely delayed or denied with excuses about "processing procedures" or "booking protocols."
This delay serves a purpose: to maximize your isolation during the critical early hours of detention when you're most vulnerable to waiving rights.
Firmly but respectfully assert: "I am requesting my phone call immediately as required by RCW 10.16.030."
YOUR IMMEDIATE ACTION PLAN
If you're arrested:
State clearly: "I am exercising my right to remain silent. I want to speak with my attorney."
Provide ONLY identifying information (name, DOB). Nothing else.
Do NOT consent to searches of your person, vehicle, phone, or property.
Request your phone call specifically citing RCW 10.16.030.
Document mentally everything that happens, including officer names, times, and specific statements.
Call Powers Legal at 360-594-0407 immediately upon receiving your phone call.
Your rights exist on paper. But they live or die in those moments after arrest.
If you don't assert them—clearly, directly, and immediately—they cannot protect you.
The state builds its case in those first hours.
We dismantle it in the weeks that follow.
But the foundation of your defense begins with you, your knowledge, and your willingness to stand firm on your constitutional protections.
Have questions about your rights during police encounters? Call Powers Legal at (360) 594-0407 for a free consultation.
Disclaimer: This blog post provides general information about legal rights during arrests in Washington State. It is not legal advice for any specific situation. If you've been arrested or charged with a crime, contact an attorney immediately to discuss the particulars of your case.