Randall E. Reagan Criminal Law Blog on Lawyers.com

The Law Office of Randall Reagan
Criminal Law Attorneys in Knoxville

Your Rights When Being Detained by a Police Officer

Police officers must protect a citizen’s constitutional rights at all phases of the criminal procedure, including detainment, but it is important for a suspect to know their rights as well.

For a suspect to be arrested there must be probable cause, which is reason to believe that the suspect has committed a crime. Once a suspect is arrested there are two significant rights to be aware of, the right to remain silent and the right to have an attorney. Police officers usually give the Miranda warning which states the above constitutional rights as well as what you say can be used against you in a court of law, if you cannot afford a lawyer the state will appoint one for you, and if you choose to speak to the police officer you have the right to stop the interrogation at any time.

When the suspect is in custody they must be given the opportunity to communicate with a lawyer and is not required to say anything to the police or investigators until the lawyer is present. Police officers are also not allowed to use physical force to coerce the suspect to talk.

If any of these rights are violated the court may dismiss the case against the suspect due to an unlawful arrest or specific evidence may be inadmissible.

The Law Office of Randall E. Reagan
Criminal Law in Knoxville
706 Walnut Street, Suite 905
Knoxville, TN 37902
Phone: 856-637-8505