When a person is stopped by a law enforcement officer, their first instinct may be to panic or to be cooperative in efforts to placate the officer. However, adopting such tactics can inadvertently drive someone to surrender their constitutional rights, and it’s not always enough to prevent an arrest. While it is important to be calm and respectful, people should stand up for their legal rights during interactions with law enforcement personnel. Below are several rights citizens have during police stops.
The Right to Remain Silent
Citizens are not legally required to talk to police or answer questions under any circumstances. In most instances, a person’s refusal to respond to interrogation cannot be used to justify an arrest. Law enforcement officers may use innocent sounding questions to gather sufficient probable cause for an arrest or a search, and refusing to answer these questions is typically in a client’s best interest. Defense lawyers in Lebanon County, PA can help clients assert their right to remain silent.
Refusal to Consent to a Police Search
The Constitution’s Fourth Amendment protects citizens from unreasonable and unlawful searches and seizures. Simply put, law enforcement officers cannot search a person or their property in the absence of probable cause. If the officers ask for permission to perform a search, the person is within their Constitutional rights to politely decline without offering a reason.
The Right to End the Interaction
Unless a person is being detained by the police, they are free to end the encounter at a time of their choosing. Ask the officers whether it’s OK to go, and do it immediately if cleared to do so. However, if the officer refuses to answer or says that the client is not free to go, it’s likely that a detainment and arrest will occur. In these situations, defense lawyers in Lebanon County, PA can help clients state their intent to stay silent.
As one of the area’s most experienced legal firms, the Law Office of Melissa R. Montgomery have the resources and experience to provide defendants with the aggressive legal representation they need and deserve. Visit the website to get more information on the firm’s services, or schedule a meeting with a defense lawyer by calling the office today.
