When you’re knowledgeable about the scope and limits of law enforcement authority, you can better navigate interactions with the police to ensure your own legal protection. Here’s what you need to know. And, if you have further questions or have been charged with a crime, reach out to an experienced criminal defense attorney for help.
Police Stops
A police stop is essentially an officer’s interference with your liberty of movement due to their authority. This intervention can range from a question on the street to pulling over your vehicle to handcuffing and arresting you.
Legal Grounds for Detention and Arrest: Reasonable Suspicion vs. Probable Cause
Depending on the circumstances, police officers will either need reasonable suspicion or probable cause to detain or arrest you.
Reasonable Suspicion
Police officers must have reasonable suspicion to stop and detain you briefly. This is a standard that’s less strict than probable cause, but it still requires more than just a hunch or vague suspicion.
It exists when an officer has specific and articulable facts, taken together with rational inferences from those facts, which warrant the belief that an individual may be involved in criminal activity.
Probable Cause
On the other hand, probable cause is a higher standard and is required for an officer to make an arrest. Probable cause exists when there are facts and circumstances that police officers know about, based on reasonably trustworthy information, that are sufficient in themselves to warrant a belief by a man of reasonable caution that a crime is being committed.
Police Searches
A police search is an examination of your person, home, car, or other property to find evidence that may be used in a criminal prosecution. For any search to be lawful, the police generally need either your explicit consent or sufficient legal justification, like a warrant.
To get a warrant, police need to have probable cause. Probable cause for a search means that there is a fair probability, based on facts and evidence, that contraband or evidence of a crime will be found in the place to be searched.
In some situations, police can conduct searches without warrants if they have appropriate cause to believe that waiting to secure one would lead to the destruction of evidence or compromise their investigation.
Your Rights During Police Interactions
During any police interaction, whether it’s a stop, search, or arrest, you retain certain fundamental rights that are crucial for your protection. Some of the most important ones include:
The Right To Remain Silent
One of these rights is the right to remain silent, as guaranteed by the Fifth Amendment. You’re not required to answer questions about where you’ve been, what you were doing, or whether you performed any criminal activity. Politely but firmly stating, “I choose to remain silent,” invokes this right.
If you are arrested and end up facing charges, your silence cannot be used against you as an indication of guilt. You’re always better off saying nothing than saying too much and inadvertently hurting your case.
The Right To Know the Charges Against You
If you are arrested, another critical right is being told certain information concerning your charges. The Sixth Amendment gives you the right to know the charges against you and the basics regarding who is accusing you. This allows you to take appropriate action regarding your legal defense.
The Right To Refuse a Search
If the police ask to search you or your property, you always have the right to refuse unless they have a warrant or exigent circumstances exist that allow them to search without a warrant. If they perform an unlawful search, any evidence recovered as a result may be suppressed.
The Right to an Attorney
If you’re detained or taken into custody, you have the right to legal representation. When arrested, you may immediately assert this right by telling officers, “I want a lawyer.” After doing so, police should cease further questioning until your attorney is present.
If the police continue to question you anyway, your lawyer may be able to have any further statements suppressed, meaning the prosecution wouldn’t be able to use them as evidence against you.
Understanding Your Rights Is Critical
Ultimately, anytime you find yourself engaging in a law enforcement interaction that requires you to answer questions or be in their presence for an extended period of time, you should reach out to an experienced criminal defense attorney. Your lawyer can advocate for your rights and interests at every stage of the process.
