Top 10 Secrets Marietta Police Don’t Want You To Know
As a criminal defense attorney in Marietta, I’ve spent years working with people just like you—people who had no idea how much power the police have until they were pulled over, searched, or arrested. What many don’t realize is that law enforcement relies heavily on your lack of knowledge. The less you know, the easier it is for them to gather evidence, push you into a confession, or get you to give up your rights. If you’re ever stopped, questioned, or investigated by police in Georgia, knowing what they don’t want you to know can make all the difference in your case.
Secret 1: You Are Not Required To Answer Most Police Questions
You have the right to remain silent under the Fifth Amendment and Georgia law. Under O.C.G.A. § 24-5-506, you cannot be forced to incriminate yourself. Police will often ask “harmless” questions during a traffic stop or investigation. What they’re really doing is gathering evidence. If you answer, those words can be used against you in court. If you’re being questioned, you can politely say, “I choose to remain silent” and ask for a lawyer.
Secret 2: You Don’t Have To Let Them Search Your Car Without A Warrant Or Probable Cause
Police may ask, “Mind if we take a look in your car?” You have the right to say no. Without probable cause or your permission, a search may violate your Fourth Amendment rights. If they search without either, we can often file a motion to suppress the evidence under Georgia law, specifically O.C.G.A. § 17-5-30.
Secret 3: Police Can Lie To You—Legally
One of the most alarming things people learn is that police officers can lie during questioning. They can say someone else already confessed, they found fingerprints, or that you’re facing more time than you are. It’s completely legal. If you don’t know your rights or have an attorney present, you could fall into their trap. Always assume their goal is to build a case, not to help you.
Secret 4: Refusing Field Sobriety Tests Won’t Automatically Hurt Your Case
If you’re pulled over on suspicion of DUI, officers may ask you to perform field sobriety tests. These tests—like walking a straight line or following a pen with your eyes—are voluntary in Georgia. They are designed to gather evidence of impairment. Politely refusing won’t cost you your license, unlike refusing a chemical test. And it might just keep weak evidence out of court.
Secret 5: They Don’t Have To Read You Your Rights Unless You’re In Custody And Being Questioned
People assume if their Miranda rights weren’t read, their case will be thrown out. But the truth is, Miranda only applies when you’re both in custody and being interrogated. If police question you before arresting you, they don’t have to read your rights. That doesn’t mean what you say isn’t damaging—it means you should stay quiet from the start.
Secret 6: Being Polite Is Better Than Being Right
Even if you feel like the stop or search is wrong, arguing won’t help. It may even escalate the situation. You can refuse a search or stay silent without being rude. Keep your hands visible, stay calm, and ask for a lawyer. We can fight the legality of the stop in court later under O.C.G.A. § 17-5-1, which governs arrest procedures and warrants.
Secret 7: Traffic Stops Are Often Fishing Expeditions
Many arrests in Marietta start with a simple traffic stop—like a broken tail light or expired tag. Once they pull you over, officers may look for signs of drug use, weapons, or other violations. That’s why it’s critical not to give them permission to search your car or volunteer extra information.
Secret 8: Police Don’t Decide Whether You’re Guilty
Officers can arrest you, but they don’t decide if you’re guilty. That’s the court’s job. Don’t assume that being arrested means you’re going to jail. As your lawyer, I can file motions to suppress evidence, argue illegal procedures, or negotiate for reduced charges. Many cases fall apart once they’re properly challenged in court.
Secret 9: Body Camera Footage May Help Your Defense
Most officers in Marietta and Cobb County wear body cameras. That footage can confirm whether the officer followed proper procedures or violated your rights. But don’t assume it will automatically be turned over—you have to request it as part of discovery. That’s something I do in every case to protect your rights.
Secret 10: You Have The Right To A Lawyer Before Talking To Police—And You Should Use It
If you’re being questioned, arrested, or even just contacted by police, you have the right to consult with a lawyer under the Sixth Amendment and O.C.G.A. § 17-12-22. The sooner you contact us, the better we can protect your rights and start building your defense. Saying, “I want a lawyer” immediately stops questioning.
Police Interaction Frequently Asked Questions
Do I Have To Let Police Search My Car If They Ask During A Traffic Stop?
No. Unless they have a warrant, probable cause, or see something illegal in plain view, you are allowed to say no. If you give them permission, anything they find can be used against you. If they search without legal grounds, we may be able to have that evidence thrown out.
What Should I Do If I’m Pulled Over In Marietta After Drinking A Little?
You should be polite and avoid answering questions about drinking. You’re not required to perform field sobriety tests, and you can refuse them without losing your license. If they ask for a breath test and you refuse, your license may be suspended under Georgia’s implied consent law, but we can request a hearing to challenge that.
Can Police Lie To Me During Interrogation?
Yes. Georgia law allows police to use deception during questioning. They can falsely say another person has blamed you or say they have evidence they don’t. This is one reason I tell clients to ask for a lawyer immediately and avoid answering any questions.
What Happens If I Refuse To Talk To Police Without A Lawyer?
You have a legal right to remain silent, and invoking that right cannot be used against you in court. Saying, “I am exercising my right to remain silent and want an attorney,” protects you and stops all questioning.
Do I Have To Show ID To Police In Georgia?
If you’re driving, yes. But if you’re a passenger or walking down the street and not suspected of a crime, you don’t have to provide ID. Police can only demand ID when they have reasonable suspicion that you’re involved in criminal activity.
Can I Be Arrested If I Don’t Answer Police Questions?
No. You can’t be arrested just for staying silent. If the police have probable cause to arrest you, they will. But speaking without a lawyer present can give them the evidence they need to arrest or charge you.
How Do I Know If My Rights Were Violated During A Search Or Arrest?
That’s what I help you determine. I review the traffic stop, body cam footage, police reports, and any search warrants to see if your rights were ignored. If they were, we can file motions to suppress that evidence and may be able to get charges dismissed.
Do I Have To Answer The Door For Police?
If police knock on your door without a warrant, you don’t have to let them in or even speak to them. If they have a warrant, they can enter. Otherwise, you can stay silent and contact your lawyer.
What Should I Do If I’m Arrested?
Stay calm, keep your hands visible, and don’t resist. Politely state that you are invoking your right to remain silent and ask for your lawyer. Do not explain, argue, or try to talk your way out of it.
Can Police Search My Phone If I’m Arrested?
No. The U.S. Supreme Court ruled in Riley v. California that police need a warrant to search your phone. Don’t unlock it or give them permission. Let your attorney handle it.
Talk To A Criminal Defense Lawyer Who Knows How To Protect You
If you’ve been stopped, searched, or arrested by Marietta police, you need someone in your corner who knows how the system really works. At The Mazloom Law Firm, LLC, we fight to protect your rights and challenge illegal arrests, searches, and charges.
Contact the Marietta criminal defense lawyer at The Mazloom Law Firm, LLC, by calling 770-590-9837 to receive your free consultation. We have offices in Marietta, Atlanta, and serve clients across Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Forsyth, Fulton, Gwinnett, Henry, and Rockdale counties in Georgia. Your defense starts the moment you call.
