Understanding Your Rights

Pennsylvania Illegal Search & Seizure Lawyers

How police conduct themselves during an arrest, investigation, or traffic stop is important. Too often, people arrested for a crime fail to understand what they can and cannot say or do when dealing with the authorities. As a result, many unwittingly provide police with incriminating statements and evidence which is used against them later in court. If you understand your basic rights, however, you can protect yourself at the time of an arrest or execution of a search warrant and identify violations of these rights later when speaking with your attorney.

What if the Police Want to Question Me?

If you are not under arrest, you are not required to provide any information other than identification to the police. While this may make them suspicious of you and increase their interest in you as a suspect, you are under no obligation to say anything to them. If you believe you are under investigation or have reason to believe you may be arrested at a later time, it is best to inform the police that your lawyer has asked you to speak with him first before answering any questions from the police.

What if the Police Want to Search My House? My Car?

If the police appear at your door and ask if they can search the premises, you can refuse them entry if they do not have a search warrant. However, even if they don’t have a search warrant, they can still enter your home if while standing in the doorway they hear suspicious sounds or see illegal material in plain view.

If you are pulled over by the police in your car the police can search your car if something they see in plain view gives them probable cause to conduct a search. If you haven’t been drinking and don’t have anything on your car seats or floorboards that would give rise to suspicion, the police do not have probable cause to search your vehicle. If you refuse to allow a search of your car, the police may impound it and search it later after they obtain a warrant to do so.

What if They Have a Search Warrant?

Generally speaking, a search warrant should specify what is being looked for and the areas to be searched. The first thing to do is ask to see the search warrant in order to determine what is specified in it. Depending on what is being searched for, the police may be restricted in the kinds of places they can look.

For instance, if a search warrant is restricted to illegal exotic birds of paradise, the police have no reason to search inside of band-aid boxes, the toilet bowel, or the back of your television set since a live bird could not hidden in these places in any case. More importantly, after police enter your home to conduct a search, do not obstruct them or try to stop them – call your lawyer immediately.

What if I am Arrested?

If you are placed under arrest, the police must inform you of your rights:

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to be speak to an attorney. You have the right to have an attorney present during any questioning. If you cannot afford an attorney, one will be provided to you.”

At this point, you are under no obligation to say anything to the police. However, absolute silence can be portrayed by the prosecution as an indication of guilt when your case comes to trial. Here, you may want to simply request to speak with an attorney before you say anything more.

They Interviewed Me for a Long Time and Placed me Under Arrest

If the police detain you – place you in handcuffs or ask you to come down to the precinct for questioning – you should immediately ask to speak with a lawyer. If, however, you are not in custody and freely provide information to the police, any self-incriminating statements you make may justify the police in arresting you – even if you are not initially being detained.

If you think you may be in danger of incriminating yourself, simply refuse to answer any more questions. If the police persist in questioning you, ask them if you are being placed under arrest. If not, then you are under no obligation to speak with them. If they decide to arrest you, ask to speak with an attorney.

Questions? Contact Masorti & Sullivan

To learn more about your rights and discuss your case, contact State College, Pennsylvania criminal defense lawyers at Masorti & Sullivan today. In criminal law what you don’t know can hurt you –