Your Rights :
If police come to your door:
Advice Regarding Searches by Police:
REMEMBER!
After refusing the search, ALWAYS ask the officer if you are free to go.
If you are arrested:
On a final note, it should go without saying, BUT:
- Remember, if they are knocking, they probably DO NOT have a warrant.
- What is a Warrant? This is an instrument used by the government to search your home. It must be supported by probable cause, which must be made by oath or affidavit and it must be reviewed and signed by a judge.
- The Supreme Court has declared your home the most protected area from government intrusion. This applies to an apartment, hotel room, or any location where you are living.
- What is a Warrant? This is an instrument used by the government to search your home. It must be supported by probable cause, which must be made by oath or affidavit and it must be reviewed and signed by a judge.
- KNOW YOUR RIGHTS!
- You do not have to talk to the officer
- You do not have to let the officer in your home.
- You are not even obligated to open the door for a police officer.
- You do not have to talk to the officer
Advice Regarding Searches by Police:
- Do not EVER agree to a search.
- If you agree to a search, you throw away your rights under the Constitution.
- Stand your ground and politely tell the officer that he does not have the right to search you, your car, or your home.
- If you agree to a search, you throw away your rights under the Constitution.
- Police may lie about their ability to search you. Know these facts:
- The police do not automatically have the right to search you just because they stopped your car or stopped you on the street.
- The police may not use your refusal as cause to search.
- The police may tell you they are bringing in a K-9 unit. Call their bluff.
- Stand your ground when you refuse, if they had the right to search you, they wouldn't be asking.
- The police do not automatically have the right to search you just because they stopped your car or stopped you on the street.
- If you refuse the search and the Police then violate the law to search your person, car, or home, then that evidence could be thrown out in court.
- If you agree to the search, there is no way to get the evidence thrown out!
- Remember, you are only obligated to give the police:
- Your driver's license and insurance, if you are in a car.
- Your full name and address, if stopped on the street.
- Other than this, you are not required to answer any questions by the officer.
- Every answer you give, gives the officer more possible reasons to search you.
- Every answer you give, gives the officer more possible reasons to search you.
- Your driver's license and insurance, if you are in a car.
REMEMBER!
After refusing the search, ALWAYS ask the officer if you are free to go.
If you are arrested:
- Remain Silent!
- I cannot stress this enough. Everything you say WILL be used against you in your trial.
- You will never, ever convince a cop that he should not have arrested you.
- Even if the arrest is illegal, you must comply with the officer, be processed and then bail out of jail. Nothing you say to any person in that process will help you. EVER.
- I cannot stress this enough. Everything you say WILL be used against you in your trial.
- Refuse the breathalyzer.
- You have the right to refuse this test. USE THAT RIGHT!
- It doesn't matter if you don't think you are over the limit or not, do not take the chance.
- They will tell you that they can take your blood, make them take it.
- You have the right to refuse this test. USE THAT RIGHT!
- Ask for a lawyer.
- This will preserve many constitutional rights, many of which you might not even be aware of.
- DO NOT WAIT! Tell the police as soon as you are arrested that you want a lawyer.
- This will preserve many constitutional rights, many of which you might not even be aware of.
On a final note, it should go without saying, BUT:
- Be Polite
- Comply with the officer
- Do not fight him or flee
- You will only make things worse for you.