1. Don’t Leave Contraband in Plain View. Although law enforcement officers must obtain a warrant before they can conduct a privacy-invading search, any illicit material that can be plainly seen by any person from a non-intrusive vantage point is subject to confiscation. A “roach” in the ashtray, a visible pipe or the smell of marijuana are all probable cause.
2. Never Consent. to a search. If a law enforcement officer asks for your permission to search, it is usually because there is not enough evidence to obtain a search warrant. The fact that you refuse to consent does not give the officer grounds to obtain a warrant or further detain you. If an officer asks to search you or an area belonging to you or over which you are authorized to control, you should respond: “I do not consent to any search. If you are going to question me I require a lawyer present. If I am not under arrest, I would like to leave.”
3. Don’t Answer Questions Without Your Attorney Present! Whether arrested or not, you should always exercise the right to remain silent. Anything you say to law enforcement officers, reporters, cell mates, or even your friends can be used as evidence against you.
4. Determine if You Can Leave. You may terminate an encounter with officers unless you are being detained under police custody or have been arrested. If you cannot tell whether you may leave, you can ask officers, “Am I under arrest or otherwise detained?” If the answer is, “No,” you may leave. An officer can temporarily detain you without arresting you if he has “reasonable suspicion” that you are involved in criminal activity. Also, the officer may perform a “pat down” or “frisk” on you during the detention if he has reasonable suspicion that you are armed. However, an officer may only reach into your pockets if he pats something that feels like a weapon.
5. Do Not Be Hostile; Do Not Physically Resist. There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In such cases, it is important not to physically resist. Rather, you should re-assert your rights as outlined in tip number two.
6. Informing on Others. The police and prosecutors often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and scepticism. Decisions should only be made after consulting with an experienced criminal defence attorney and examining one’s own conscience (uh, don’t do it!).
7. Learn More. Visit FlexYourRights.org to buy a Busted DVD or Video AT A SPECIAL NOTES DISCOUNT RATE! It may save your life. |
Disclaimer: In disseminating this information, Notes on the Scene explicitly warns readers that it is not providing legal or other professional advice or services. A person relying upon the information contained herein does so at their own risk, and Notes on the Scene cannot be held liable for the consequences. The laws are complex. Many similar factual situations are legally different, and laws vary from state to state, and county to county. The information contained herein is no substitute for legal advice from a licensed attorney. |
