No one really expects to be detained and questioned by the police, but people are stopped while driving or walking by the police every day. While most interactions with police are brief and may end with just a ticket, there is a chance the officer will detain you as they investigate the possibility that you committed a crime. When you are detained, remember these five important rights.
Right to a Lawyer
Anyone who is being detained, arrested, or questioned about a potential crime has the right to a lawyer. Once a person has invoked their right to a lawyer, the police officers cannot question them further until the lawyer has arrived. This is crucial to remember as it’s too easy to incriminate yourself when speaking with an officer. Visit criminalandduilawofgeorgia.com to find a lawyer if you need assistance during questioning or help after an arrest.
Right to Remain Silent
One of the most important rights to remember is the right to remain silent. A part of the Miranda warning that is typically read before an arrest, this right means that you don’t have to say anything to the officer. You will need to provide identification and other documents like registration and proof of insurance. However, you can then invoke your right to silence and avoid saying anything further without legal representation.
Right to Refuse a Search
Officers will frequently ask if they can search a vehicle, a person, or a home. Most people will go ahead and consent if they don’t believe they have anything to hide, but this is never a good idea. Even if you don’t have anything illegal, it’s possible for your personal devices to be damaged and you will not be able to get money to cover the damage from the police. Plus, if anything is found, there’s no argument that the search was unlawful because permission was given. It’s always a better idea to make the police prove they had probable cause to search a vehicle or home.
Right to Film the Interaction
A right that’s come up in the news a lot lately is the right to film interactions with the police. In most places, it is perfectly legal to film interactions with the police. Most jurisdictions are implementing body cameras, so the police officers are already being filmed by their department during every stop. Recording on your own, however, can be a good idea just in case there may be a dispute over what happened during the stop.
The Right to Ask if You’re Being Detained
Someone who is not being detained is free to leave at any time. The police can detain someone long enough to investigate and to determine if they have committed a crime. If you’re pulled over for a traffic infraction, for instance, you are detained long enough for the officer to check paperwork and write a ticket. If there’s a suspicion of drugs, the detainment might be longer as the officer may search the vehicle. Always ask if you’re being detained to avoid staying longer than is necessary.
If the police stop you, it’s important to understand your rights and to be prepared to uphold your rights as much as is reasonable. It’s still necessary to follow the officer’s orders, but by understanding your rights, you may be able to avoid self-incrimination or other issues that could happen while you’re detained.
