San Diego Criminal Lawyers Blog
Encounters with police or other law enforcement officials can be scary. Some individuals are treated fairly when questioned or detained by the police, while others are not, and remember their experiences quite negatively. The following will provide some practical information regarding your rights when you interact with the police.
If You are Stopped by a Police Officer
First, understand what a police officer’s job is, regardless of whether your stop is fair or unfair. If the police have reasonable suspicion that you have committed a crime or are in the process of committing a crime, then they are required to investigate.
If you are stopped for questioning, DO:
- Ask the police officer, “Am I free to go?” If the police officer says yes, then you can leave. If the officer says no, ask him or her to explain why he or she is detaining you.
- Remain silent, as is your right. Say, “I want to remain silent.” Do not start answering questions and then stop. It is best not to answer any questions. You must provide your name, date of birth, and address, but nothing more.
- Tell the police officer you do not consent to a search. The police officer will search you upon arrest or as part of the investigation into your alleged crime. Nonetheless, you can say, “I do not consent to a search.”
If you are stopped for questioning, DO NOT:
- Act or speak disrespectfully toward the police officer.
- Run away or physically resist a “pat-down” or search. Simply say, “I do not consent to a search.” Be aware that you will be searched despite your objection.
- Lie to the police. When they ask for your name and address, provide your name and address, not your sister’s or cousin’s or made up name. After you provide this basic information, you can remain silent and say, “I want to remain silent.”
- Discuss your citizenship or immigration status with anyone but your criminal defense lawyer.
Keep in mind that the police are allowed to lie, intimidate, and bluff. Even if you do not strike a police officer while you are being questioned after a stop, spitting on a police officer is an assault and can be charged as resisting arrest, too.
Do Not Go it Alone
Most people with contacts in the criminal justice system are first-time offenders. For many accused people, it may be the first and only criminal case they have in their lifetime. Understanding your rights and the steps involved to resolve a criminal case brings with it peace of mind during a turbulent time for you and your loved ones. Continue reading