Know Your Rights When Stopped And Questioned By Police
In that kind of situation, you'll probably have a lot going through your mind. That's especially true if you're trying to keep a story straight. Try to stay calm and remember all your legal rights.
If you are arrested and investigated for serious crime, you should immediately assert your right to an attorney and do not give any statements (this means talk) to the police. If you are innocent, you should still do the same thing and assert your right to an attorney and wait for your attorney to be present before giving any statement.
You always have a right to remain silent and to an attorney. You have a right against unreasonable searches and seizures. You should always exercise those rights. You also have Miranda Rights if you are put in police custody. Everyone, including legal immigrants and undocumented immigrants, has constitutional rights.
Be polite and respectful when talking to the police. Ask to leave often, as not asking is considered to be voluntarily staying. Ask the police for cause; the police must articulate their observed suspicions. Ask if requests by the police are orders. Never answer questions the police ask, never lie or give false documents to the police, and never give consent (permission) to a search without fully reading a warrant. Also, do not flee, resist, argue, or obstruct the police. Ask to speak to your lawyer immediately.
Miranda Warning or Miranda Rule Rights - Law & Legal Definition
Miranda rights are specific rights that any person who is taken into police custody is entitled to. Law enforcement officers are required to inform a suspect in custody of their Miranda rights. Miranda warnings are often given verbally upon arrest and on paper before a written confession is taken. Failure to adequately provide a Miranda warning can make any statements made by that suspect inadmissible in court.
Suspects who are subject to custodial interrogation must be notified that they have the following Miranda rights:
- they have the right to remain silent;
- any statements that they make may be used as evidence against them;
- they have the right to an attorney; and
- if they cannot afford an attorney, one will be appointed for them prior to any questioning, if they so desire.
So in future dealings with police officers remember your rights and responsibilities because it might be helpful.
Your Rights When Dealing With Police
- You have the right to remain silent. If you wish to exercise that right, say so out loud.
- You have the right to refuse to consent to a search of yourself, your car or your home.
- If you are not under arrest, you have the right to calmly leave.
- You have the right to a lawyer if you are arrested. Ask for one immediately.
- Regardless of your immigration or citizenship status, you have constitutional rights.
Your Responsibilities When Dealing With Police
- Do stay calm and be polite.
- Do not interfere with or obstruct the police.
- Do not lie or give false documents.
- Do prepare yourself and your family in case you are arrested.
- Do remember the details of the encounter.
- Do file a written complaint if you feel your rights have been violated.