BYRON WARNKEN: A police office comes to me and says, Hey! I want to talk to you and I can say Hey! Go away, I am not talking to anybody. You could say, officer, I do not even know what all my rights are, but I want a lawyer. I do not want to do anything with you officer until I consult with an attorney.

ANDY RADDING: A smart person whether guilty or innocent when approached by law enforcement is going to seek legal advice.

BYRON WARNKEN: Because one should get counsel. Counsel would usually advise you of what your rights are and the police are relying on the fact that you do not know what your rights are.

ANDY RADDING: Often law enforcement to follow up a hunch will say to you, I would like to search your car.

BYRON WARNKEN: You do not have any guns or drugs in this car, do you? and you say, no. I am just doing my job, you know. I would probably start to turn to walk away and in a kind of Columbo-style, just one more question.

ANDY RADDING: They just cannot come up to on the street and say we want to ask you a few questions and make you answer.

BYRON WARNKEN: I am really glad you do not have any drugs or weapons in your car. Because you do not do not have any drugs or weapons in your car you would not mind me looking in your car, would you? And so what you have got is drugs in the trunk and now you are in this dilemma. Do I say, yes you could look in my trunk.

ANDY RADDING: They have no right to do it and I would not give up your right to say no.

BYRON WARNKEN: You have the power to say no, you cannot look in my trunk.

ANDY RADDING: If they have the legal basis that is required to search, then let them go and get a warrant.

BYRON WARNKEN: And most people think, "O my goodness, I could not tell him that. When I told my mother that she could not look in my room, we both knew that there was something in my room." So, I say, "sure you could look around," hoping they will not find the drugs under blankets in the trunk which of course they do.

But they seem friendly enough ...

Chances are, the police aren't coming up to you to invite you to a party. Nope, they want to make you a party to a criminal case: Yours.

Believe it or not, America's prisons are overcrowded with people whose own words put themselves behind bars. When the cops came a callin', they decided to "cooperate" in the hope that a refusal to do so might make them look guilty.

It is far better to look guilty than to be found guilty. And it's much harder to sit behind bars knowing that you made it easier for the authorities to put you there. You can't "obstruct justice," but you need not help the authorities convict you either.

So, what should you say when the local police ask you for "help" on one of their investigations? Basically, you have three alternatives:

Option No. 1: Cooperate at Your Own Risk

Yes, you could decide to chat, let them search your car or house, or even go down to the precinct for a bad cup of coffee. But if there's any chance that they're targeting you as a possible suspect, that's a risk you can't afford to take. At the very least, talk it over with a lawyer first so you can go into the process with good counsel.

Option No. 2: Tell That Cop to Go %&@# Himself!

That kind of blunt statement is concise, to the point, and certainly communicates your extreme reluctance to go along with the flow. But it is a tad bit undiplomatic.

Though you can't be thrown in the slammer for a breach of etiquette, you probably don't want to antagonize that 6'3 fellow with a loaded revolver and handcuffs strapped to his waist. You might find yourself cooling off in a nice, cold jail cell for say, 16 hours as you wait to see a court commissioner.

Option No. 3: Politely, But Firmly Assert Your Rights

Even if they're not ready to arrest you and "read you your rights," consider reading your rights to the police!

One public defender even advises citizens to follow a script of their own:

• "I Demand MY Rights"
• "I DEMAND TO HAVE an Attorney present before I speak to you"
• "I WILL NOT TALK to you or anyone about anything"
• "I WILL NOT ANSWER any questions or reply to any charges without my Attorney present"
• "I DO NOT AGREE to perform any test, allow my property to be searched or participate in any lineup."
• "I WILL NOT SIGN anything unless my attorney agrees I should do so
• "I WILL NOT WAIVE any of my constitutional rights"

  You can be nice about it, but as Professor Warnken strongly advised in the video, if they don't have probable cause or a search warrant, it is your right to tell the police to kindly "go away." If they don't, it's time to get yourself a lawyer.