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Know My Rights is a community-based non-profit organization.
Our mission is to promote social change through civil rights and other legal education.

I know my rights... Do you know yours?

FAQ: Arrest & Evidence

 

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No. The Fourth Amendment guarantees the right of people to be free from unreasonable searches and violations of privacy. The Fourth Amendment states, "The right of people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized." To determine what might be unreasonable, a "legitimate expectation of privacy" must be established. Read more...
Possibly. If a judge decides the evidence was gathered improperly, it may not be allowed into evidence. However, the district attorney or prosecutor may still be able to prosecute the case even without the evidence. Read more...
An officer who detains an individual without just cause, depriving an individual of his or her freedom without sufficient reason or authority, can potentially be sued along with the police department. Read more...
No, they are not the same.

At the arraignment, your friend will appear before a judge who will tell him, officially, of the charges. At the arraignment, bail will be set, or possibly reduced if previously established. Your friend may be released on his own recognizance. If he's in need of an attorney and meets the guidelines for court appointed representation, a public defender will be assigned. If the charge is a misdemeanor, some courts allow a plea to be entered at this time.

At a preliminary hearing, the district attorney must establish for the judge that there are reasonable grounds (evidence) to proceed with the charges and bring your friend to trial.

Getting released from jail will depend on:

  • The charges
  • If there is bail
  • Whether or not the defendant can meet bail
Read more...
A judge will determine the amount, if any, of bail that needs to be posted, based on:
  • The type and seriousness of the charges
  • Any prior failures to appear
  • Previous criminal record
  • Connections to the community
  • The probability that you'll appear in court
Read more...
No. Charges were not filed and you were not booked. However, if, at a later date, the police determine that there is cause to file charges, you could still be arrested. Read more...
A warrant is usually required when you're taken into custody at your home, but not necessary elsewhere. If there is concern that you might flee, destroy evidence or harm someone else, you can be arrested at home even without a warrant. Read more...
If you've been arrested, you need only say, " I want to speak with an attorney" or " I have nothing to say now." You don't have to say anything after that. Read more...
Yes, you're generally allowed to complete calls. While the number of calls allowed may vary from place to place, the average number is three. Read more...
After being booked, you'll be able to make local phone calls (generally up to three). "Booking" includes your arrest being written into official police records, fingerprinting and being photographed. Read more...
"Arrested" means you have been taken into custody and can't leave. You can be "detained" for a short period of time if a police officer or other person believes you may be involved in a crime. Read more...



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