George C. Luther Criminal Law Blog on Lawyers.com

When You Are Approached or Detained by the Police

Tuesday, October 5, 2010 by George C. Luther

When You Are Approached or Detained by the Police

When you are stopped by the police, it can be nerve-racking and a little scary, especially if this has never happened to you before. There are a number of reasons a police officer may stop you or approach you including:

§ You appear to need assistance

§ You are believed to be a possible witness

§ You may have broken a law/violated a traffic regulation

§ You fit the general description of a suspect of a recent crime in the area

Regardless of why you are stopped, your response can greatly affect what happens next.

Use the opportunity to protect your rights

Most people simply do not know what to do when they are stopped by the police and often fail to protect their legal rights when questioned. The following are some basic tips recommended by criminal law firms in Columbus on how to protect your rights if stopped or detained by the police:

§ Cooperate. The police have a right to ask for identification (registration and proof of insurance if you are driving). They may also ask general questions about where you have been and where you are going. It is in your best interests to cooperate courteously with the police about these things unless the answers to those questions implicate you in a crime.

§ Refrain. Do not volunteer any extra information. Be polite and respectful but avoid making incriminating statements if you have been involved in any crime.

Statements you give which may seem completely innocent to you may appear incriminating to the officer, and can cause the officer to detain you for further investigation. Bear in mind that all statements you make can be used against you, even statements made before an arrest.

§ There are certain things which police officers are trained to view as threatening that you should also refrain from doing, including:

� Making sudden moves

� Hiding your hands

� Over-reacting

� Displaying hostility

� Getting out of your vehicle

§ Do not agree to searches. Generally, the law prohibits the police from searching you or your property without a search warrant. While some circumstances may allow warrant-less searches, the police asking for permission, means no legal grounds exist for a search. In this case, refuse and ask for time to consult with a criminal defense attorney.

§ Do not waive your legal rights. The Constitution guarantees certain legal protections if you are arrested:

� Ask for an attorney and say you will not talk until

you have had the chance to consult an attorney

� Do not sign any papers, especially Miranda warnings

which waive or give up your rights to speak to an attorney

� Remain silent—Do not talk to police, fellow detainees,

your family and friends, or anyone else, except a criminal lawyer.

Experienced Columbus criminal law attorneys can protect your rights if you are stopped or detained by the police. Call one immediately.

Posted at 11:25 AM

Topic: Criminal Law