Questions You Should Ask When Stopped by Police
You’ve been stopped by police in your car, on the corner block, or maybe you’re even being questioned at the police station. It’s the kind of situation that causes your blood pressure to rise, partly because you’re unsure of your rights. Here are some things you really should ask in any situation involving law enforcement.
#1: Are You Detaining Me?
While being detained is not the same as being arrested, it still means you can’t just leave without permission. When police detain you, it’s supposed to be for what’s known as brief and cursory questioning. They may suspect you of a traffic violation or even a more serious crime and could try to establish probable cause with what you tell them. So be careful with what you say, and chances are you’ll be able to go on your merry way fairly quickly.
#2: Are You Arresting Me?
If police tell you that you are being detained, the next question is whether or not you are under arrest. If you are, you will be taken into custody. Police at this point already have either probable cause or they’ve obtained an arrest warrant for you. It’s critical that you share only your name at this point and wait for your attorney before saying anything more.
#3: Can I Call My Attorney?
Having your lawyer by your side is key to avoiding missteps during police questioning. Understand that law enforcement has an agenda that includes keeping you behind bars. Don’t worry about how it looks to them—ask for your attorney immediately.
#4: Why am I Being Detained/Arrested?
Without question, you are entitled to know what the police want with you. If you’re simply being detained, it may be no big deal. An arrest is a much more serious matter, and knowing what the police are thinking will help you moving forward.
#5: If I’m Not Under Arrest or Detained, Can I Leave?
If police have no probable cause to keep you, you should be able to go. They know this and are hoping you don’t. Detaining you illegally would be a problem, so find out whether they have a legal reason to keep you there.
#6: Do You Have a Warrant?
Never agree to a search unless police have a warrant. If they ask you to do a search, chances are they’re hoping you’ll agree to it because they don’t have a warrant. Searching without your consent or a warrant is illegal.
A Defense Attorney to Stand by You
The dedicated Miami criminal defense lawyers at The Law Office of Julia Kefalinos are prepared to fight for your rights and the best possible outcomes for you. To discuss your situation, schedule a confidential consultation in our Miami office today.
Source:
aclu.org/know-your-rights/stopped-by-police
