You should never talk to the police without a lawyer present, that shows that you have no understanding of your constitutional rights, how these things work, or just what can go wrong when you try to handle these police matters yourself. You should never agree to take any test unless they have a court order or submit to a search without a warrant. Unsophisticated and uneducated people can be easily manipulated by the police and others. Highly educated people who have been around more simply say. "I want to talk to my lawyer and I insist that all questioning stop until he is present as those are my constitutional rights. People may think they are innocent and have nothing to hide and then find out that they are an "accompolice" or are infact guilty of some crime. They may be made you inform on others or the police may claim that you made a certain statement that is different than what you actually said. About 80% of people are talked into giving up their constitutional rights, confessing, consenting to searches without a warrant, or making statement that is incriminating. That would not happen if htey had a lawyer to advise them but they are too cheap or unaware to even try to call one, they just listen to the police who lie to them, pressure them, threaten them, or offer them incentives to talk to them. You cannot sue anyone unless it was a malicious prosecution and that is not what happened here.
Answered on Feb 28th, 2013 at 4:25 AM