 |
|
| |
|
| |
What are my rights regarding the police?
There are three types of encounters one may have with the police. The first is what is called a citizen's encounter. This is purely consensual as when an officer approaches you on the street or in a car and wishes to ask you some questions. You have the right to ignore his/her requests or answer if you wish. The second type of encounter is where the officer has some reason to believe you are engaged in some type of criminal activity and may be armed or in possession of contraband, such as drugs or stolen property. In this type of situation, he may have the right to detain you long enough to frisk you and eliminate his suspicions. Finally, the third encounter is where an officer has probable cause that you have committed a crime ( either a felony or in his presence a misdemeanor) and he will arrest you. The officer will advise you as to the crime for which you are under arrest. Usually you will be provided with the means to call an attorney and bailbondsman immediately upon arriving at the jail or police station. The officer does not have to advise you of your Miranda rights unless he/she wishes to question you. You do not have to talk to the police. It is not advisable to do so without first speaking to an attorney. The officer is not going to 'unarrest' you and may very well use only selected portions of your statement to incriminate you.
Top
What should I
do when questioned by the police?
A person under 17 should usually not be interviewed
by the police without a parent or appropriate adult
present. The person under detention should give
his name and address, but thereafter has the right
to remain silent. If the case goes to trial the
court cannot comment on the person's silence. There
are clear rules which govern the way in which a
police officer can question a person, designed to
stop unfair pressure being placed on a suspect.
The police should not follow a line of questioning
which puts unreasonable pressure on the suspect.
If the police are investigating a very serious offence
they can, with the approval of a senior officer,
delay access to an attorney on the grounds that
talking to an attorney might interfere with the
evidence, alert other suspects or hinder the recovery
of stolen property.The police can take fingerprints
if they have reason to suspect a person's involvement
in a crime. They are also allowed to take photographs,
but cannot force him to have his picture taken against
his will.
Top
What is bail?
Normally a person charged with an offence is released
on their promise to appear in court, also known
as their own recognizance ("O.R.") or
on bail. If the police do not release a person,
he must be brought before a magistrate, within 24
hours, who will decide whether he can be released
on bail. The Magistrate will decide whether the
suspect can be released on bail or on his own recognizance.
Bail cannot be given to anyone charged with certain
offences or for violating the terms and conditions
of probation.
Top
What is search
and seizure?
The Fourth Amendment to the U.S. Constitution protects
personal privacy, and every citizen's right to be
free from unreasonable government intrusion into
their persons, homes, businesses, and property.
Law enforcement officers interfere with individuals
Fourth Amendment rights only under limited circumstances,
and through specific methods. The Fourth Amendment
Protection and Violation in the criminal law realm,
Fourth Amendment search and seizure protections
extend to:
- A law enforcement officer's physical apprehension
or seizure of a person, by way of a stop or
arrest; and
Police searches of places and items in which
an individual has a legitimate expectation of
privacy -- his or her person, clothing, purse,
luggage, vehicle, house, apartment, hotel room,
and place of business, to name a few examples.
- Unlawfully seized items cannot be used as
evidence in criminal cases. The degree of protection
available in a particular case depends on the
nature of the detention or arrest, the characteristics
of the place searched, and the circumstances
under which the search takes place. In most
instances a police officer may not search or
seize an individual or his or her property unless
the officer has a valid search warrant, a valid
arrest warrant, or a belief rising to the level
of probable cause that an individual has committed
a crime. Violation of an individual's constitutional
rights under the Fourth Amendment, will nullify
the effect of a search or seizure and any evidence
derived from that search or seizure will almost
certainly be kept out of any criminal case against
the person whose rights were violated. As with
any facet of the law, exceptions are present.
For example, an officer can use the plain site
rule to investigate any area that he can see
without moving any obstructions from where he
were to stand in the normal course his duty
takes him. To find out further information about
aspects of the Criminal Law that might pertain
to your case, please call the The Law Office
of Gayle S. Graziano at (706) 896-8939.
Top
|
|
|
|
 |
|
|
|
