When Confronted by Police: Know Your Rights
Do I consent to a search?
The Fourth Amendment to the United States Constitution prohibits the police from engaging in an unreasonable search or seizure of you or your property. Whether or not a search or seizure is unreasonable under the Constitution is a question of law that is usually decided by a court, long after the search or seizure takes place.
Police will often ask for "consent" from you to search when they think they don't have enough information to justify a search under the law. You are never under a legal obligation to consent to a search by the police; that is, you can always refuse your consent.
You should never interfere with the police when they are searching a person or property, even if you are sure it is unreasonable. Just be polite and pay close attention to what is happening so you can remember it later.
Whether you should consent to a search is a legal and tactical question that we strongly suggest you make with legal advice from a lawyer.
The right to remain silent...
The Fifth Amendment is the source of many rights associated with the justice system, but perhaps the most important one for most people is "the right to remain silent". No police officer has the legal right to force a person to answer questions and a person has the right to refuse to answer police questions. The only questions that you are required to answer are questions concerning your identification.
Once you ask to speak to a lawyer, the police are required to stop asking you questions. This doesn't mean they will, only that they should. You should always be polite to the police; if the police officer continues asking you questions after you have asked for a lawyer or have decided not to answer questions, politely inform the police officer that you decline to answer.
Whether or not you should answer police questions is a legal and tactical decision that is best made with advice of an experienced lawyer.
What to do...
If you are stopped, questioned or contacted by the police:
- Stay calm; always be polite and respectful to the officer.
- If asked, identify yourself to the officer.
- Obey any command or order of the officer, including a request for license, registration, and proof of insurance.
- Politely inform the officer of the following:
- I respectfully decline to answer any questions, without first speaking with my attorney.
- I respectfully decline to consent to any search of my person or property, including car or home, without first speaking with my attorney.
- Do not physically interfere with the officer in any way.
- If the officer attempts to arrest you or conduct a search without your consent, do not physically interfere or resist.
- If you speak to the officer, be honest to the officer.
- As soon as you can, contact one of the experienced criminal defense attorneys in our firm at 802-442-6341.
After business hours call David Silver at 802-442-6876;
Steve Saltonstall at 802-375-9287; or
Dan McManus at 802-447-0218