Every day thousands of Americans deal with the police. In some cases, the encounter may be easily resolved and go smoothly. But if there is any chance that you might face arrest or jail time, it’s best to know your rights and how to protect yourself. The first step to dealing with police is always to remain calm and assert your rights.
If an officer asks to see your ID when you’ve done nothing wrong, let them take it. However, if they ask for consent before searching for you or your belongings, say yes without hesitation. Here are a few things you need to know about the protections against being arrested and when these rights might apply.
1. Search and Seizure Law
In the United States, your property and person are protected by the Fourth Amendment. This amendment states that you have a right to be safe from unreasonable searches and seizures. This means that law enforcement cannot stop you simply for your skin colour or for no reason, but they can search you if they have probable cause. Whatever your case is, it’s always best to get in touch with an experienced criminal lawyer Adelaide to save yourself from unnecessary harm.
2. DUI Checkpoints
A common misconception among those pulled over at a DUI checkpoint is that their refusal to provide a urine sample means they won’t be arrested or charged with a DUI (Driving Under the Influence).
The truth is that refusal will likely only delay your arrest, not prevent it. If you were deprived of your rights during your arrest by the police, you could consult Mangan Ey criminal lawyer.
3. Home Search
When police arrest you, they can search your home if they can prove that they have probable cause. If the police receive a warrant to search, they usually knock in advance to inform you of their presence.
The Fourth Amendment protects your property from unreasonable searches, but it does not apply to other areas of our private lives, such as marijuana smoking habits. Because marijuana is still illegal under federal law, police officers can pull over vehicles for simply having pot in the car.
4. Don’t Resist an Officer
Police officers can use force against you if they have probable cause. For example, if they tell you to get on the ground and refuse, they will likely use restraint holds that can leave unwanted marks on your body.
Because of increased police presence in recent years, more officers have been accused of excessive force and being overzealous in their actions. Therefore, it is important to understand what is legal and not when resisting an officer’s demands.
5. Police Misconduct & Brutality
Those living in large cities have become used to police misconduct reports on the news. However, it is important to understand that these allegations do not only happen in big cities, and police officers can be subject to criminal charges when they commit assaults or other crimes against the public. Police officers are given a lot of authority when dealing with the public, but that does not give them free rein over your body or property.
To Conclude
When police have probable cause to arrest you, they must first inform you of your rights if you are signed up for the local jail system. If you have not been informed of these rights, contact an attorney immediately and request that rights be read to you before any questioning begins.
