What are my Rights if I’m Arrested or Detained?
Procedural violations often prompt judges to throw cases out of court.
For centuries, the Bill of Rights has protected individuals from mistreatment and abuse during arrests and detentions. Police officers must have reasonable suspicion to detain individuals and probable cause to arrest them. Police officers cannot detain people because they are young or do not look right. They cannot arrest individuals unless they have evidence that might hold up in court.
These important rights are only ink on paper unless a State College, PA lawyer enforces them. Law enforcement officers and other officials will not do you any favors during the detention and arrest process. They will trample on your rights if they have a chance. Only a State College, PA lawyer goes back and ensures that police officers follow the rules during a detention and arrest. Some of these important rules are outlined below.
Fourth Amendment Searches and Seizures
According to the Supreme Court, the Fourth Amendment covers individuals with a right to privacy. Officers can only intrude on individual privacy if they have a search warrant or a narrow search warrant exception applies.
Search warrants, which are common in long investigations, require probable cause affidavits. The uncorroborated word of a paid informant usually does not constitute probable cause. Usually, probable cause means officers are sure that, if they search property, they will find evidence that will hold up in court.
Search warrant exceptions are common during fast-developing vehicle searches. Some common search warrant exceptions include:
- Consent: Many owners voluntarily consent to police searches. Many of these individuals say “yes” because they don’t know they have a right to say “no.”
- Plain View: If officers see contraband in plain view during a legal detention, they do not need a search warrant to seize that item.
- Exigent Circumstances: If officers believe someone is in trouble, like a motorist driving extremely erratically, they may detain that person and verify that everyone is okay. They may seize any contraband they see during this contact.
In court, prosecutors cannot work backwards. They cannot argue that since the search turned up evidence, the search was reasonable. A search stands or falls on its own merits as known at the time.
Fifth Amendment Interrogations
Many people say yes to searches because they do not know they have a right to say no. Many people answer questions for the same reason.
The Fifth Amendment gives individuals, regardless of their citizenship status, the right to refuse to answer questions, beginning when custodial interrogation starts. This requirement is very broad. For example, “custody” means the defendant doesn’t feel free to leave. Most people get that feeling when they see flashing lights in their rearview mirror.
Incidentally, the right to remain silent also includes the right to refuse to perform tests or appear in a lineup.
Sixth Amendment Right to a State College, PA, Lawyer
A few final words about the right to a lawyer. The Supreme Court has consistently held that this right kicks in when the state files formal charging documents.
Sometimes, a court-appointed lawyer or public defender is available. But courts largely make their own rules regarding these assignments, and more importantly, defendants have no choice in the matter. A partnership with a private State College, PA, lawyer usually produces much better results.
Connect With a Thorough Centre County Lawyer
Your worst moment never defines who you are. For a confidential consultation with an experienced criminal defense lawyer in State College, PA, contact Decker Bradburn, Attorneys at Law by going online now or calling 814-308-8895. We deal with the direct and collateral consequences of criminal cases for college students.