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No. The courts have made it clear that police officers do not have to tell people that they can refuse to consent to a warrantless search. Also, contrary to the belief perpetuated by popular police television shows, a person will not be read their rights subsequent to being taken into custody. A person only needs to be Mirandized when...
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The sad fact is that most people believe that they are under some kind of obligation to acquiesce when an officer contacts them and asks permission to search them or their belongings. The truth is exactly the opposite...
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Unfortunately, many people get fooled by some version of this commonly used police officer's line: "Everything will be easier if you just cooperate". That's true to some extent -- it will make things much easier for the police officer who's trying to arrest you! -- but when it comes to you consenting to searches and answering incriminating questions, it couldn't be further from the truth...
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Generally not. The Bill of Rights protections that matter most during police encounters are mandated by the U.S. Constitution as interpreted by the U.S. Supreme Court, and all states are required to follow them. States can offer more protection of these rights, but not less. There are some variations regarding...
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Your rights do not disappear if the officer threatens to call in the dogs, so don't let this all-too-common tactic intimidate you into consenting to a search. You have several options...
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Yes. Police can, will, and often do lie; especially if it helps them make arrests. The rules regarding entrapment usually tip in favor of law-enforcement, so police won't hesitate to trick you into incriminating yourself or others...
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No. If a police officer asks your permission to search, you are under no obligation to consent. The main reason why officers ask is because they don't have enough evidence to search without your consent. Don't expect an officer to tell you of your right not to consent. Any time you consent to a search request you are naively waiving your constitutional rights.
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No. The Supreme Court has never ruled that police must present the warrant when performing a search. The purpose of the warrant is to...
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Everyone should be trained to assert their constitutional rights under the 4th Amendment in order to avoid the hassle and humiliation of police misconduct and illegal searches. According to the Bureau of Justice Statistics report on citizen-police contacts...
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During a legitimate traffic stop, police may order the driver and any passengers out of the vehicle. This rule is intended to protect officers' safety, but it's often used for investigatory purposes...
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As a general rule, searches conducted without a valid search warrant signed by a judge violate the Fourth Amendment, but like most rules of law, there are a number of explicit exceptions. In fact, most searches occur without warrants because police take advantage of these exceptions to the Fourth Amendment...
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No. We teach people that they have rights, and that these rights are secured by the principal documents that guarantee our civil liberties -- the U.S. Constitution and the Bill of Rights. An informed individual who invokes his constitutional protections is doing exactly what our nation's founders intended. They created these documents to...
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In addition to compromising your safety and the safety of others, driving drunk is one of the stupidest things you can do, and one of the easiest ways to create overwhelming legal problems for yourself. DUI laws vary from state to state, and they have become increasingly harsh over the years...
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Traffic stops typically occur as a result of suspected moving violations committed by the driver of the vehicle. Passengers cannot be held responsible for the driver's conduct and are generally free to leave, unless police become suspicious of them during the course of the stop...
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Unfortunately, police may sometimes search you even if you refuse consent. If they find anything illegal, you'll have to get a lawyer and fight it out in court, but that doesn't necessarily mean that the search will hold up...
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Many factors contribute to a police officer's level of authority in a given situation. Understanding the what, when, why, and how of police conduct during a stop is confusing for most people. Varying standards of proof exist to justify varying levels of police authority during citizen contacts. While Know My Rights maintains that it is never a good idea to consent to a search or to answer incriminating questions, a working knowledge of these standards will help the citizen better understand when police can surpass constitutional protections.
Reasonable Suspicion
A police officer has "reasonable suspicion" when there exists articulable facts or circumstances which would lead a reasonable person to suspect that a crime has been, is being, or will be committed
At this stage, police may detain the suspect for a brief period and perform a frisk. In some cases, drug-sniffing dogs may be called to the scene, although officers must cite a specific reason for suspecting the presence of drug evidence. Refusing a search does not create reasonable suspicion, although acting nervous and answering questions inconsistently can. For this reason, it is best not to answer questions if you have to lie in order to do so. Police authority increases if they catch you in a lie, but not if you refuse to answer questions. As a general rule, reasonable suspicion applies to situations where police have reason to believe you're up to something, but they don't know what it is.
Probable Cause
A police officer has "probable cause" when there exists articulable facts or hard evidence that would lead a reasonable person to believe that a crime has been, is being, or will be committed and the person under investigation is the one responsible for the crime.
At this stage, police may perform a search, and often an arrest. Probable cause generally means police know what crime they suspect you of and have discovered evidence to support that belief. Common examples include smelling or seeing evidence in plain view, or receiving an admission of guilt for a specific crime.
For the conscientious citizen, the best advice regarding police authority is to stick to your guns and not waive your constitutional rights under any circumstances. Police officers will often give misleading descriptions of what their authority is, but you have nothing to gain by submitting to coercive police tactics. Police must make ad hoc decisions regarding their authority level in a given situation and these decisions are subject to review in court. Asserting your rights properly is good way to avoid arrest, and it is an even better way to avoid a conviction.
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