Section 1: What to Do in the Face of Law Enforcement Activity
The first step one must take in the face of police activity is to uphold their rights. Persons have the right to remain silent and refuse to answer questions. They also have the right to refuse consent to a search even if they are asked. If a situation escalates further, one should make it clear that they are ending the conversation, and ask if they are being detained or free to leave. If the answer is detention, ask the law enforcement to articulate the reason for the detention. Officers have the right to ask questions, but people have the right to refuse to answer if they are not under arrest.
It is also important to remember that one does not have to consent to a search to end a conversation with police. It is not advisable to physically resist a search or risk escalating the situation, but it is appropriate to make a statement that one refuses to consent to a search.
Section 2: Protection Against Unlawful Searches
When a law enforcement officer wants to search a person´s property, vehicle or person, the person has the right to refuse. People have the right to block access to their property or vehicle until a warrant has been issued or probable cause has been confirmed by a judge. If an officer insists on a search without probable cause, the person does not have to cooperate.
Section 3: What to Know About Roadblocks and Traffic Stops
In many states, law enforcement can set up roadblocks without having to demonstrate probable cause. The purpose of a law enforcement roadblock is to thwart criminal activity by detaining people, or officers could set up sobriety checkpoints to catch drunk drivers.
In most states, law enforcement are able to search an individual´s car during a traffic stop, but again, one should make sure they have a valid warrant, or reasonable suspicion, to do so.
Section 4: Understanding Arrests
A person can be arrested for any number of reasons. The most common is for the suspicion of a criminal offense or other misconduct. In some cases, a person can be arrested without being read their Miranda rights. This means that the person does not have the benefit of an attorney’s advice before answering any questions.
When a person is arrested, they are entitled to contact their nearest legal representative, as well as a physician if they have one. There is no need to answer any questions unless their legal representative is present.
Section 5: Protecting Your Rights if You are Illegally or Unfairly Arrested
If a person believes that their rights were violated during an arrest, they have the right to petition for a release from the police. They are allowed to speak with a lawyer or obtain a court order before law enforcement can proceed with an arrest. The court order will protect a person’s rights against illegal search and seizure.
It is important to remember that individuals have rights that protect them from wrongful arrest or police misconduct. It is up to the individual to ensure that they make use of them in order to protect their rights and protect their freedom.
