Understanding Your Rights During a Police Search or Arrest

Federal and state laws provide certain rights to everyone, regardless of your citizenship status. Through your Fourth Amendment rights, you are protected from law enforcement officials searching or arresting you without a justifiable reason for doing so. You also have other rights, such as your Miranda Rights, that are designed to protect citizens from overzealous prosecutors and law enforcement officials.

What Are My Rights When Dealing With Police?

It’s important to understand your legal rights whenever you engage with law enforcement officials. The following are just a few of your rights if you are pulled over or arrested.

• The right to remain silent: You do not have to answer questions. While you should be polite to law enforcement questions, you don’t have to say anything about where you’re going, who you are meeting, or what you are doing. You can simply tell the law enforcement officer that you are exercising your right to remain silent.
• The right to an attorney: If you are arrested, you have a right to a government-appointed attorney. You can also hire your own attorney.
• Citizenship and immigration: You are not required to answer any questions about how you arrived in the country, where you were born, and your legal status in the country. The only exception is if you are at an international border or port of entry.
• The right to refuse a search: You can refuse to consent to a search of your belongings or your person. However, the police officer may still pat you down to search for a weapon. It’s important to remember that refusing consent doesn’t always stop the search from being carried out. Stating your refusal can help later on in your case though, so it is important to state a timely objection.

What to Do if You Are Searched or Arrested in California

If you are pulled over, the officer needs to express why you were stopped. This is true if you are stopped while walking along the street as well. You don’t want to volunteer any information, so just politely ask the officer why you were searched.

During any search or arrest, you should exercise your right to remain silent. Law enforcement officials are legally allowed to bluff, lie, and intimidate you, so remaining silent is your best option.

You have the right to leave if you are not being detained or placed under arrest. Politely ask the officer if you are being detained first. If they say that you are not, you may calmly leave.

If you are arrested, the officer can ask you about your name, address, and birth date. Do not provide information about your immigration status or how you entered the United States. You should also immediately ask for an attorney. If the officer reads you your rights, reiterate that you want to talk to an attorney and will be exercising your right to remain silent.

Do not try to explain the incident or make excuses. Anything you say can be used against you. Wait for your attorney.

If you are given a ticket or citation, you will need to sign it before heading out. Signing it doesn’t abrogate your ability to fight the ticket in court. If you don’t sign the citation or ticket, you’ll likely be taken to the police station.

Finally, never chat about your case on the phone. The police can record phone calls to anyone who isn’t your lawyer. You should also never talk to loved ones or anyone else about your case because these conversations can potentially be used against you.

What Situations Justify a Warrantless Search?

So what should you do if you are searched without a warrant? Unfortunately, there are a few examples of searches without a warrant is legally allowed. Exigent circumstances, like the hot pursuit of a suspect, being in imminent danger, or fear about evidence being destroyed could instigate a warrantless search.

Get Legal Help for Your Case

If you have been searched or arrested by the police, our lawyers can help you learn more about your Fourth Amendment rights. For more information, give us a call today.

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