Your Rights If Questioned, Stopped, or Arrested by Police

The U.S. Constitution grants you certain fundamental rights when you’re interacting with police. Familiarize yourself with them to protect yourself from the full force of the law.

Your Rights During a Police Stop

Some of the rights and privileges you have during a police stop include:

• The privilege against detention without reasonable suspicion: Police may not detain you unless they have specific facts that support a reasonable suspicion that you have committed an offense. The police can try to talk to you without reasonable suspicion; however, you retain the right to refuse to speak to the police and walk away.
• The privilege against unreasonable searches: During a stop, the police may not search you or your vehicle without a warrant from a court or probable cause to believe that a search will uncover evidence of a crime.

During a police stop, you may ask the police if you can leave the encounter. If the officer says no, they must have reasonable suspicion that you’ve committed an offense to detain you.

Your Rights After an Arrest

After an arrest, you have the right to legal representation and to consult a criminal defense attorney as soon as practicable. Other rights you have during an arrest include:

• The right to know the basis for your arrest: The police must tell you what crime(s) they have arrested you for if you ask. Officers may not lie or mislead an arrestee about the basis of their arrest.
• The right to contact an attorney or a family member/friend: The police must allow you to contact legal counsel or to contact a family member or friend to let them know about your arrest and ask them to arrange legal counsel for you.

Your Rights During Questioning

Whether police question you before or after an arrest, you have several critical rights, including:

• The right to remain silent: During questioning, you can refuse the police’s questions about an offense. You can firmly but politely tell the officer that you want to invoke your right to remain silent and do not want to answer the officer’s questions.
• The right to consult an attorney: When the police question you after an arrest, you have the right to talk to an attorney before questioning and to have your attorney present during questioning. If you invoke your right to an attorney after an arrest, the police should refrain from questioning you until you’ve spoken to your attorney or tell the officers you want to talk to them.

Furthermore, before the police question you after your arrest, they must advise you of these rights.

Contact a Criminal Defense Attorney Today

Remember that anytime you interact with police, you have critical rights that protect your interests. A dedicated criminal defense attorney from DiCaudo, Pitchford & Yoder can help you advocate for those rights and pursue relief if the police violate them. Contact us today for a confidential consultation with our legal team to discuss your case and learn more about your legal options for resolving your criminal charges.