Legal Question in Criminal Law in California

You are under no obligation to cooperate with the police in any way unless you are under arrest, or they have a warrant. If the police are asking you these kinds of questions, time to call your lawyer. Prudent robbers have their lawyers on speed dial.

The answer is that you have a x 5th Amendment right to SHUT UP and NOT talk to police or ANYONE except an attorney about the case. That means declining to do anything like show tattoos or even provide your name and ID if you think it would provide self incriminating evidence to police prior to arrest. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. However, understand clearly that if you refuse to talk or provide ID or other things requested, you will likely be arrested 'on suspicion', and searched on the scene for weapons and contraband, during which your tattoos may be visible, then you will have your fingerprints, photo and DNA sample taken in jail. Also understand that if you are on parole or probation, you have no rights against search and seizure. If serious about hiring counsel to represent you in defense of criminal charges, and if this is in SoCal courts, feel free to contact me.

In short, the answer is no you do not have to cooperate. But as Terry indicates above, if the police want to get to your tattoo they will get to it one way or another.

Brian Michaels

www.socalcrimdefense.com