As an attorney, can you step in when someone is detained on the street?

I’m on vacation (in the state I practice). I was pulling into this place to pick up breakfast. Long story short, the cops had pulled over a guy who clearly had some kind of palsy or Parkinson’s going on. And they apparently pulled him out of the car thinking he was drunk. Total 1983 situation.

Can you just walk up and say to the person I’m an attorney and I’ll talk to the cops for you?

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I would absolutely offer to help the person stopped, either as a concerned citizen or as an attorney. Just be mindful to de-escalate the situation, as traffic stops can be dangerous.

Thank you for thinking of this.

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Sure, but if you did that for me and messed it up, I'd sue the hell out of you.

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Sounds like you’re prepared to take the risk then. Just don’t go in thinking there’s no chance of being sued for malpractice.

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This is incredibly dangerous, for you and the person being investigated. Officers are trying to control the situation and injecting yourself adds another thing the officer has to control and consider. If the officer is already amped up, he’s going to be amped up at you and may perceive you as a safety threat. That’s even more true for an officer who isn’t handling the situation in the best way. Remember that Alex Pretti was trying to help, and it got him killed.

In such a situation, stand a safe distance off (like 10 feet) and record the interaction. If you can, shout to the officer (only once or twice) that you think the guy has Parkinson’s. Obey all officer commands. Just because you’re right doesn’t give you control of the situation, the officer still has the legal right to tell people where to go.

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Isn’t it sad that’s the case though?

I’m no vigilante. I just meant doing what you said.

This old man is splayed over the trunk of a cruiser while a deputy holds his cane. And a sworn officer of the court can’t defuse things without turning a violent situation deadly

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I believe you can offer to help but I don’t think the officer is obliged to allow you to communicate with the person in the moment. Police are entitled to complete a detention, arrest and booking before allowing the defendant to contact counsel.

In you she’s I would have waited for the person to be cuffed and placed in a police vehicle, then politely hand the officer your card and ask him or her to give it to the arrestee. Also recall that you might be a necessary witness and would therefore be unable to represent the person at trial. But you could help with a referral and potentially provide helpful testimony.

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Not sure how much this matters right now but I got an A in crim pro and I’m studying for the bar right now. Yesterday I got burned by this exact question in multiple choice practice.

Apparently, under common law, an unambiguous invocation of the right to counsel prior to Miranda does not have to be respected. The suspect/defendant needs to renew it after Miranda. For what it’s worth that’s likely very easy to do if you have an attorney standing right there.

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As a 30 year atill practicing attorney. I clearly see the differences in perspectives. i have stepped in a number of times to speak into issues that I felt needed my assistance . it is all in the approach. I certainly would not walk up closely if either are on the ground, tussling or beyond the out of the car talking stage. I approach with bar card, acknowledge the officer professionally and have “ never” been reprimanded or told to leave the scene or get back in my car. My brother is a Sheriff in North Carolina and he said that an acknowledged attorney on a nonviolent scene often helps to bring clarity. The officer also, knowing the person is a lawyer, has no fear of harm as he or she might when there is just a random crowd gathering at a scene they hm

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