Police hope you fall for the ‘call your parents’ trap
Most folks know that if the police arrest you, you have the right to one local phone call. If you’re a minor or young adult, your first instinct may be to call your parents. A police officer may even offer, “Why don’t you call your folks?” But that’s a trap.
The ACLU explains exactly how it works: “You have the right to make a local phone call. The police cannot listen if you call a lawyer. They can and often will listen to a call made to anyone else.”
If you call your parents, the first thing they may ask is, “What did you do?” If you confess exactly what happened, the police will likely record that phone call and use it later in court.
Can you still call your parents? Absolutely. But say, “I’ve been arrested, and the police are listening to this phone call.”
What should you say to your parents if you’re calling from jail?
If you’re calling your parents, you want them to meet you with a lawyer. So they’ll need to know which department arrested you and where you’re being held.
Texas lawyer Shannon Locke agrees. He warns parents, “The police are 100% recording the call… those words, what he or she says next, are going to be used against them.”
So why do your parents need to know who arrested you? It may affect what kind of lawyer you need and where you’re being held. Locke urges parents of an arrested minor to ask, “In what town did they get arrested and what agency arrested them?… Is it the federal authorities? Is it the state authorities?”
Next, your parents need to know where exactly you are. Locke tells parents, “If it’s a real small town, they may be taken to a holding cell, but then they’re gonna be taken to the county jail.”
Don’t go into detail about what happened, the aftermath, or make excuses. You can always say, “I wish I could say more, but again, the police are listening. I know we’ll talk more soon.” It doesn’t mean you’re off the hook, but it’s important you don’t make the situation any worse.