Arrested in Lynnwood?

If you have been arrested and/or cited in the City of Lynnwood you may have received a yellow slip of paper directing you to report to jail for formal booking.  The notice states: “Prior to your scheduled arraignment you must report to the Lynnwood Police Department jail to be fingerprinted and photographed.  You must report on Tuesdays, Thursdays or Saturdays between 11:00 am. and 3:00 pm.  Bring your citation with you.” 

When an individual is arrested the police may record identifying information of the suspect, such as a physical description, fingerprints or “mug shots.”  However, once you are released from custody you cannot be compelled by the police to return for the purpose of providing this information.  That doesn’t mean they can’t ask.  If you want to spend your time going to the police station to submit to these invasive procedures no one can stop you.  But, in my opinion, there are better ways to spend a day. 

If the police approach you about this you should immediately ask to contact your attorney.  On the other hand, under certain circumstances, a court may issue an order compelling you to provide fingerprints, or other evidence.  Again, contact your attorney if you are served with such an order.

To be clear, this is much different than your Sixth Amendment right to an attorney and your Fifth Amendment right to remain silent.  If you are contacted by the police you should always ask if you are free to leave.  If you are, then leave.  If not, then assume you are under arrest.  If you are under arrest you should always exercise your right to an attorney and never answer questions or take tests without consulting an attorney first. 

Also, if you are under arrest the officer may conduct a search of your person and belongings.   Do not obstruct the search.  Never consent to any search (Did I say never? I meant never, ever, ever…).  If the officer has authority to search he or she will do so with or without your permission.  On the other hand, if the officer lacks authority to search (and you have not consented) it may lead to the exclusion of any and all evidence.

In general it is always a good idea to consult an attorney before talking to police.  If you have received one of these notices and feel compelled to comply please consult a Lynnwood Criminal Defense Attorney to discuss your decision before contacting the police department.