Bintara Jaya

Dealing With The Police: 5 Tips To Help You Know Your Rights

Saturday, August 8th 2015.

Remember That You Do Have The Right To Remain Silent

This seems obvious but many people seem to forget this when they are questioned by the police and let their mouths run wild. The police will most likely tell you that if you don’t talk they will have to do something to you (usually arrest you) if you refuse to talk to them. This may be true, but the majority of the time if they have enough evidence to arrest you, they will do so whether you talk to them or not. Your chances of talking your way out of an arrest are very slim if they believe they can make a case against you. In most instances when someone is being investigated for a crime talking to the police without an attorney present is the worse thing they can do for their case. So if you decide you want to talk to the police, respectfully ask to speak to a lawyer first. If you attempt to talk your way out of being arrested and they go ahead and arrest you anyway, everything you have said to the policy can be brought out as evidence against you and is many times misinterpreted and used out of context.

You Do Not Have To Let Police Officers Into Your Home Without A Search Warrant

Remember your rights against unreasonable search and seizure. Police are required to have a search warrant to gain entry into your home. It is your right to see that search warrant before allowing entry. If police do have a search warrant, ask to see that warrant before allowing entry. If they have an arrest warrant for you, it is in your best interest to meet them outside, rather than let them barge in and search the inside of your home and gather evidence against you and then arrest you.

You Are Not Required To Answer Questions While Walking Down The Street

If you are outside of your home walking down the street and an officer asks to talk to you, you are not required to stop and answer questions for them. You may politely tell that you are busy and continue on your way. However, if they have a reason to arrest you they will probably go ahead and do that. But if they have no reason to arrest you, the questions they ask you may give them enough additional information they need to arrest you. If you agree to answer questions this may be seen as a consensual conversation by the court and may not be seen as a violation of your rights.

A Police Officer Needs To Have A Specific Reason To Pull You Over While Your Are In Your Car

Because police officers need a definitive cause to stop you while you are driving. It is up to you to avoid giving them a reason. The traffic violations that are the most common are as follows:

– Speeding

– Failure to come to a complete stop at a stop sign

– Expired registration tags

– Failure to signal before changing lanes or turning

– A brake light or headlight that is not working

– Weaving – even if you stay within your own lane it’s considered a sign of drunk driving

– Passing in a restricted area

– Keeping your car in good running condition and obeying the rules of the road will help you avoid being pulled over needlessly.

You Do Not Have To Give Your Consent To Have Your Car Searched

If you are pulled over by a police officer during a routine traffic stop, you never have to give your consent for them to search your car. They may say they will arrest you if you do not consent, but they actually need something else to justify an arrest. If they do go ahead and search your car, just politely but firmly tell them you are not giving your consent. This may be very important to your case if you wind up in court.

Know Your Rights

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