Know Your Rights When Dealing with the Police
Dealing with the police can be a scary event. Whether it is related to a traffic stop, the execution of a warrant, or anything else, there is always the potential that something could go wrong. Sadly, some police officers don’t seem to understand that the citizens they are sworn to protect have important rights that shouldn’t be infringed upon. If you are dealing with the police for any reason, make sure you understand your legal rights.
Compel vs. Consent
One of the most often misunderstood rights that you have is the difference between compel and consent. A police officer must have reasonable suspicion to be able to search your vehicle or your home without your permission. They can, however, ask you if it is ok for them to do these searches. In many cases, they will “ask” you for permission in a way that sounds like you have no choice. When faced with a situation where the police want to search your vehicle or property, it is always best to simply say that you do not consent to the search. If they believe they have a reasonable suspicion, they will do it anyway. You can then fight that in the courts. If you grant them permission, however, whatever they find will be admissible in the courts.
Exercise Your Right to Remain Silent
If the police are going to arrest you, they must read your Miranda rights. When they are just talking to you, however, they can still gather information without reading your rights. Even if they haven’t said that you have the right to remain silent, you do. You don’t have to answer most questions that the police will ask. If you are pulled over for a traffic violation, simply hand them your ID and insurance and say as little as possible so you can drive away without further problems.
They Don’t Have to Tell the Truth
Keep in mind that the police, prosecuting attorneys, and others who may speak with you have no legal obligation to tell you the truth. They can lie to you, mislead you, or do just about anything else to try to get you to give them evidence or information that they can use against you in court. No matter what they tell you, it is in your best interest to simply ask to speak with an attorney and wait for them to arrive.
Don’t Resist – Fight in Court
As you have no doubt seen on television, if the police think you are resisting arrest, things can escalate very quickly. While you have many rights, physically fighting with the cops is never going to work out in your favor. If the police are going to abuse your rights, there is nothing you can do about it at the time. As soon as you are either arrested or let go, make sure you contact us to begin the process of filing a complaint, or even a lawsuit, against the police in question.