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Arrest, Search, Seizure, Warrant Arrest
- Thread Starter Monkey
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It might be easier to say what happened and then what your question is. How were you charged without being arrested? Are you questioning whether you should have been read Miranda and were not?
You are assuming the search was illegal -- why? The search resulted in finding you in possession of an illegal item. I'm unaware of any law that states that in order to be charged you need to be arrested immediately.
Arrest illegal?
You do not have to answer a police officer's questions. If you are stopped while driving a car, you must show your driver's license, registration, and proof of insurance. In other situations, you cannot be legally arrested for refusing to identify yourself.
You do not have to give your consent to any search of your person, your car, or your house; if you do consent to a search, it can affect your rights later in court. If the police claim they have a warrant, ask to see it. Whether or not the police have a warrant to search you or your property, you can protect your rights by making it clear that you do not agree to any search.
Do not interfere with, physically resist, or obstruct the police in a search, even if you are sure the search is illegal -- you will be arrested for it. File a complaint afterwards if you feel your rights have been violated.
If confronted by a police officer, you may remain silent. You do not have to answer any questions, give your name, age, or address, or show any ID unless you are operating a car or are in a place where liquor is served. However, it is advisable to provide basic information such as name, age, and address.
Ask if you are under arrest. If so, ask why. If you are not under arrest, you should be free to leave. Insist on that right. Never run from a police officer.
Never physically resist. The police may frisk you for weapons by patting the outside of your clothing, but nothing more. Make it clear that you do not agree to any search. If you are search, do not resist. File a complaint afterwards.
If you are stopped in your car, show your driver's license, registration, and proof of insurance upon request. Your car can be searched without a warrant so long as the officer has probable cause. To protect yourself, make it clean that you do not consent to a search. If given a ticket, sign it; you can be arrested for failing to do so. The proper place to fight a ticket is in court. Your license can be suspended if you refuse to take a breath test if you are stopped for suspected drunk driving.
If you are arrested, go with the officer. Do not resist. Do not answer the officer's questions. Whether or not you are guilty, do not resist arrest. You can make your defense in court. You have the right to remain silent; use it. Tell the police notg except your name, age, and address. Don't give explanations or stories or try to excuse your conduct.
Ask to talk to a lawyer at once. You can do so by phone immediately after being taken into custody. If you are arrested for a jailable offense and you cannot afford a lawyer, you have the right to a public defender. Do not talk to the police until a lawyer is present.
If during a search or an arrest the police take anything from you, they must give you a receipt for every item sezied, including your wallet and its contents, clothes, and any packages you were carrying when arrested.
You may be released with or without bail following the booking. If not, you have the right to go into court and see a judge the next court day after your arrest. Demand this right. When you appear before the judge, ask for an attorney.
Never make any decisions in your case until you have spoken with a lawyer.
This is not complete advice. Be sure to consult a legal professional.
You do not have to answer a police officer's questions. If you are stopped while driving a car, you must show your driver's license, registration, and proof of insurance. In other situations, you cannot be legally arrested for refusing to identify yourself.
You do not have to give your consent to any search of your person, your car, or your house; if you do consent to a search, it can affect your rights later in court. If the police claim they have a warrant, ask to see it. Whether or not the police have a warrant to search you or your property, you can protect your rights by making it clear that you do not agree to any search.
Do not interfere with, physically resist, or obstruct the police in a search, even if you are sure the search is illegal -- you will be arrested for it. File a complaint afterwards if you feel your rights have been violated.
If confronted by a police officer, you may remain silent. You do not have to answer any questions, give your name, age, or address, or show any ID unless you are operating a car or are in a place where liquor is served. However, it is advisable to provide basic information such as name, age, and address.
Ask if you are under arrest. If so, ask why. If you are not under arrest, you should be free to leave. Insist on that right. Never run from a police officer.
Never physically resist. The police may frisk you for weapons by patting the outside of your clothing, but nothing more. Make it clear that you do not agree to any search. If you are search, do not resist. File a complaint afterwards.
If you are stopped in your car, show your driver's license, registration, and proof of insurance upon request. Your car can be searched without a warrant so long as the officer has probable cause. To protect yourself, make it clean that you do not consent to a search. If given a ticket, sign it; you can be arrested for failing to do so. The proper place to fight a ticket is in court. Your license can be suspended if you refuse to take a breath test if you are stopped for suspected drunk driving.
If you are arrested, go with the officer. Do not resist. Do not answer the officer's questions. Whether or not you are guilty, do not resist arrest. You can make your defense in court. You have the right to remain silent; use it. Tell the police notg except your name, age, and address. Don't give explanations or stories or try to excuse your conduct.
Ask to talk to a lawyer at once. You can do so by phone immediately after being taken into custody. If you are arrested for a jailable offense and you cannot afford a lawyer, you have the right to a public defender. Do not talk to the police until a lawyer is present.
If during a search or an arrest the police take anything from you, they must give you a receipt for every item sezied, including your wallet and its contents, clothes, and any packages you were carrying when arrested.
You may be released with or without bail following the booking. If not, you have the right to go into court and see a judge the next court day after your arrest. Demand this right. When you appear before the judge, ask for an attorney.
Never make any decisions in your case until you have spoken with a lawyer.
This is not complete advice. Be sure to consult a legal professional.
SwissMiss' post is very good although when there is reasonable cause or a violation in plain view the circumstances change. It's not as though you have an absolute right not to cooperate at all. Police may have the right to perform a basic "pat down." Thus the "rights" stated are not absolute which is why I think it's premature to question whether the confiscation of the pipe and charge are not warranted. Good luck!
Well the whole story is that me and two of friends were walking home from work and a cop stoped us and starting asking us questions. Then he asked what was in my pocket (which was poofing out) Isaid it was a bag he told me to stand where I was and keep my hand out of my pocket around this time another officer showed up they continued to ask us questions, this was all about 1:45 A.M. and in overland park there is no cerfew. Then the cop told me to put my hand behind my back and reached in my pocket and took the pipe out it was in a padded bag. After that the cop proceded to search the other two, one of my friends had a pipe, a bong, abount a quarter ounce, and 8 packs of cigarettes in his backpack and at one point the cop that origonally stoped us asked me if I thought he was going to stop us, I said no idident think there was any reason to and he said and I quote "There wasen't" after all that the cops took all paraphanllia and the officer that came second just took us home and told our parrents what we had. What should I do?
If you feel you have been illigally searched , you can file a report.
However, Police can agrue that they have had probable cause for this search.
Since it was night and he couldn't clearly identifiy what was in your poket that was sticking out, he might assume it was a gun.
Whatever he might or might not stated to you ( as far as why he stoped and searched you) will be hard to proove since it will be his word aginst yours.
Consult a lawyer to advise you on your future steps. ( I assume they have charged you)
Good Luck!
However, Police can agrue that they have had probable cause for this search.
Since it was night and he couldn't clearly identifiy what was in your poket that was sticking out, he might assume it was a gun.
Whatever he might or might not stated to you ( as far as why he stoped and searched you) will be hard to proove since it will be his word aginst yours.
Consult a lawyer to advise you on your future steps. ( I assume they have charged you)
Good Luck!
windwalker
New Member
Rights
Rights are basic. They are generally enumerated in the first 14 amendments of teh U.S.Constitution concerning these issues.
Everyone has certain unalienable ights.
When approached by a police officer you have these rights.
1. You have the right to ask the officer to properly identify himself.
(Not just with a badge but with (Identification) (Anyone can buy a badge).
2, You haev a right to ask the officer, "What is your probable cause for stopping me officer?"
3. you have a right to be informed of the nature and cause of the accusation against you.
These rights are supported by U.S. Supreme Court rulings.
As SwissMiss said, you have a right to be silent, at this point use it.
Rights are basic. They are generally enumerated in the first 14 amendments of teh U.S.Constitution concerning these issues.
Everyone has certain unalienable ights.
When approached by a police officer you have these rights.
1. You have the right to ask the officer to properly identify himself.
(Not just with a badge but with (Identification) (Anyone can buy a badge).
2, You haev a right to ask the officer, "What is your probable cause for stopping me officer?"
3. you have a right to be informed of the nature and cause of the accusation against you.
These rights are supported by U.S. Supreme Court rulings.
As SwissMiss said, you have a right to be silent, at this point use it.
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