Understanding Reasonable Suspicion: Your Rights During Police Encounters

Posted on September 25, 2025 by admin

Police encounters can be stressful and confusing, especially when you’re unsure about your rights or what officers can legally do. At the heart of many police stops lies a legal concept called “reasonable suspicion”—a standard that determines when law enforcement can detain you for questioning or investigation.

Understanding reasonable suspicion isn’t just academic knowledge. It’s practical information that could protect your constitutional rights during traffic stops, street encounters, or other interactions with law enforcement. Whether you’re walking down the street, driving to work, or simply going about your daily routine, knowing this legal standard can help you navigate police encounters with confidence.

This guide will break down the legal framework surrounding reasonable suspicion, explain how it differs from other standards like probable cause, and provide practical advice for protecting yourself during police stops. By the end, you’ll have a clearer understanding of when police can legally detain you and how to respond appropriately during these encounters.

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The Legal Foundation of Reasonable Suspicion

Reasonable suspicion emerged from the landmark Supreme Court case Terry v. Ohio (392 U.S. 1, 1968), which established that police officers can briefly detain individuals based on “specific and articulable facts” that suggest criminal activity may be occurring. This standard requires more than a hunch or gut feeling—officers must be able to point to concrete observations or information that would lead a reasonable person to suspect criminal behavior.

The legal test for reasonable suspicion relies on the “totality of the circumstances,” as established in Alabama v. White (496 U.S. 325, 1990). This means courts consider all available facts and circumstances when determining whether an officer’s suspicion was justified. No single factor alone typically creates reasonable suspicion; instead, multiple observations or pieces of information combine to meet this threshold.

It’s crucial to understand that reasonable suspicion represents a lower standard than probable cause. While probable cause requires sufficient evidence for a reasonable person to believe a crime has been committed (Illinois v. Gates, 462 U.S. 213, 1983), reasonable suspicion only needs enough facts to suggest that criminal activity might be happening.

Common Scenarios Where Reasonable Suspicion Applies

Understanding reasonable suspicion becomes clearer when examining real-world situations. Here are several scenarios where courts have found reasonable suspicion justified:

High-Crime Area Behavior

A police officer observes someone walking late at night in a high-crime area, repeatedly looking into store windows and checking door handles. The combination of location, time, and suspicious behavior could create reasonable suspicion of attempted burglary.

Traffic Stop Escalation

During a routine traffic stop for a broken tail light, an officer smells marijuana coming from the vehicle. This sensory evidence, combined with the lawful stop, can escalate to reasonable suspicion of drug possession.

Flight from Crime Scene

An individual is seen running away from the scene of a reported burglary. While running alone isn’t criminal, fleeing from a fresh crime scene can contribute to reasonable suspicion when combined with other factors.

Informant Tips

An officer receives information from a reliable informant that someone matching a specific description is carrying illegal drugs at a particular location. If the informant has provided accurate information in the past, this tip could establish reasonable suspicion.

Nervous Behavior During Traffic Stops

A driver appears visibly nervous during a routine traffic stop, provides inconsistent answers about travel plans, and the officer detects a strong air freshener odor potentially masking other smells. These combined factors might justify further investigation.

Matching Suspect Descriptions

A person fits the description of a suspect in a recent crime and is observed near the crime location shortly after the incident occurred. The proximity in time and place, combined with matching the description, could create reasonable suspicion.

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Dispelling Common Misconceptions

Several misconceptions surround reasonable suspicion that can lead to confusion during police encounters:

Myth: Reasonable suspicion equals probable cause. These are distinct legal standards. Reasonable suspicion requires only specific facts suggesting possible criminal activity, while probable cause demands enough evidence for a reasonable person to believe a crime has occurred.

Myth: Officers can stop anyone based on a hunch. Police must articulate specific facts that led to their suspicion. Random stops based solely on intuition or profiling are unconstitutional and violate Fourth Amendment protections.

Myth: Refusing to answer questions implies guilt. You have a constitutional right to remain silent during police encounters. Exercising this right cannot be used as evidence of wrongdoing or to establish reasonable suspicion.

Myth: Reasonable suspicion allows unlimited searches. Even with reasonable suspicion, searches must be limited in scope and related to the suspected activity. Officers cannot conduct broad, exploratory searches without additional justification.

Your Rights and Best Practices During Police Encounters

Knowing your rights during police stops can protect you legally and help ensure the encounter proceeds smoothly. Here’s how to handle these situations:

Stay Calm and Respectful: Maintain composure throughout the encounter. Aggressive or hostile behavior can escalate the situation and potentially provide officers with additional justification for their actions.
Exercise Your Right to Remain Silent: Clearly state, “I am invoking my right to remain silent.” You’re not required to answer questions beyond providing identification when lawfully requested.
Request Legal Representation: If the encounter becomes custodial or involves questioning about potential criminal activity, ask to speak with a lawyer. If you are being placed under arrest, you will have an opportunity to make a phone call once you are booked in the jail.
Avoid Sudden Movements: Keep your hands visible and move slowly when reaching for documents. Inform the officer before reaching into pockets or compartments.
Document the Encounter: Note the officer’s badge number, patrol car number, and any other identifying information. If legally permissible in your jurisdiction, consider recording the interaction with your phone.
Gather Details: After the encounter, write down everything you remember: time, location, officers involved, what was said, and the sequence of events. This information could be crucial if legal issues arise.
Seek Legal Counsel: Contact an experienced criminal attorney to discuss the encounter and determine if your rights were violated.

When Evidence Gets Excluded: Understanding Your Protections

The exclusionary rule (Mapp v. Ohio, 367 U.S. 643, 1961) prevents illegally obtained evidence from being used in criminal trials. If police lacked reasonable suspicion for a stop, any evidence discovered during that encounter might be inadmissible in court.

The “fruit of the poisonous tree” doctrine (Wong Sun v. United States, 371 U.S. 471, 1963) extends this protection further. Evidence derived from an illegal stop—even if obtained through subsequent legal means—may also be excluded from trial.

These legal protections underscore the importance of understanding reasonable suspicion. If you believe you were stopped without proper justification, documenting the encounter thoroughly and consulting with an attorney could be crucial for protecting your rights.

Frequently Asked Questions

What should I do if I believe I was stopped without reasonable suspicion?

Document the encounter thoroughly, including officer information, time, location, and circumstances. Consult with a criminal defense attorney who can evaluate whether your rights were violated and advise on potential legal remedies.

Can police use my silence as reasonable suspicion?

No. Exercising your constitutional right to remain silent cannot be used to establish reasonable suspicion or as evidence of guilt. However, provide required identification when lawfully requested.

Does reasonable suspicion allow vehicle searches?

Reasonable suspicion alone doesn’t automatically permit vehicle searches. Officers typically need probable cause or your consent to search a vehicle, though they may conduct a limited pat-down for weapons if they suspect you’re armed and dangerous.

Can prior criminal history influence reasonable suspicion?

While past criminal activity alone cannot justify a current stop, it may be considered as one factor in the totality of circumstances, especially if it’s relevant to the suspected current criminal activity.

How do DUI checkpoints relate to reasonable suspicion?

DUI checkpoints operate under different legal standards. Courts have allowed these stops without individualized reasonable suspicion, provided they follow established protocols and serve legitimate public safety interests.

Conclusion

Reasonable suspicion represents a critical balance between law enforcement’s need to investigate potential criminal activity and your constitutional rights against unreasonable searches and seizures. Understanding this standard empowers you to recognize when police encounters are legally justified and when they might overstep constitutional boundaries.

Remember that police encounters are inherently stressful, and officers are trained to maintain control of these situations. Your best protection lies in understanding your rights, exercising them respectfully, and documenting interactions thoroughly.

If you’ve experienced a police encounter that seemed inappropriate or believe your rights were violated, don’t hesitate to consult with a qualified Indianapolis criminal defense attorney. Our legal professionals can evaluate your specific situation, determine whether reasonable suspicion existed, and help protect your constitutional rights moving forward. Schedule a free consultation today.

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Detained or Under Arrest? Understanding Your Legal Rights in Indiana

Posted on June 16, 2025 by admin

Navigating encounters with law enforcement can be confusing and overwhelming, especially if you’re unsure whether you’re being detained or arrested. Understanding the distinction between these two legal concepts is crucial for protecting your rights during such interactions.

This blog will clarify what it means to be detained versus being under arrest, highlighting key differences and your legal rights under Indiana law. We’ll also address common misconceptions and provide actionable steps to take if you believe your rights have been violated.

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What Does it Mean to Be Detained

Being detained refers to a temporary and limited restriction of your freedom of movement. Law enforcement may detain you when they have reasonable suspicion that you’re involved in a criminal act. This standard was established by the landmark case Terry v. Ohio and is the same standard used in Indiana courts.

What Constitutes Reasonable Suspicion in Indiana?

Reasonable suspicion is a lower standard than probable cause. It’s based on specific and articulable facts that suggest criminal activity is occurring, has occurred, or will occur. For example:

A police officer observes you loitering near a closed business at night.
You match the description of a suspect reported in a recent crime.

How Long Can Police Detain You in Indiana?

While there’s no exact time limit for how long you can be detained, the detention can’t be unreasonably long. Courts evaluate whether the duration and scope of the detention were justified given the circumstances. If law enforcement’s investigation extends beyond reasonable suspicion without escalating to probable cause, they must release you.

Can You Refuse to Answer Questions if Detained?

Yes, you have the right to remain silent when detained. You are not required to answer questions or provide information beyond your name and identifying details, such as showing your ID in specific situations.

What Does It Mean to Be Arrested

An arrest occurs when law enforcement takes you into custody based on probable cause or an arrest warrant. Probable cause is the standard that requires sufficient evidence to make a reasonable person believe you committed a crime.

Key Characteristics of an Arrest

Physical or Verbal Custody: This can include being handcuffed, told you’re under arrest, or placed in a squad car.
Probable Cause: Officers must have clear and sufficient evidence linking you to a criminal offense.
Reading Miranda Rights: If officers wish to question you after your arrest, they must first read you your Miranda Rights to avoid suppressing your statements in court. However, the failure to do so doesn’t automatically invalidate the arrest itself.

How Do Arrests Work in Indiana?

Under Indiana law, arrests can occur with or without a warrant. A warrant is typically required for non-emergency situations, but in cases involving immediate danger or obvious evidence of a crime, police can proceed without one.

Key Differences Between Detention and Arrest

While both involve an interaction with law enforcement, the legal thresholds, rights, and consequences differ significantly.

Aspect	Detention	Arrest
Legal Standard	Reasonable suspicion	Probable cause
Duration	Temporary, short-term	Until released on bail or by order
Freedom of Movement	Limited but not fully restricted	Fully restricted
Miranda Rights Required	No	Yes, if being questioned post-arrest
Potential Outcome	Information gathering or release	Booking, charges filed, possibility of court

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Your Rights When Detained or Arrested in Indiana

Knowing your legal rights can make all the difference during a police interaction. Here’s what you should know:

1. The Right to Remain Silent

Whether detained or under arrest, you don’t have to answer questions beyond identifying yourself if requested.
Politely state, “I am exercising my right to remain silent,” to avoid misunderstandings.

2. The Right to an Attorney

During an arrest, you have the right to consult with an attorney before answering any questions.
If you cannot afford an attorney, one will be provided for you.

3. Protection Against Unlawful Searches

You have the right to refuse a search unless the officer has a warrant, probable cause, or your consent.
During a traffic stop, items in plain view (e.g., drugs on a seat) may be legally inspected.

4. The Right to Know Why You’re Being Stopped or Arrested

Officers must inform you of the reason they are detaining or arresting you.

5. Reasonable Use of Force

Law enforcement is prohibited from using excessive force during detention or arrests. If you believe excessive force was used, you should document the incident and contact legal counsel immediately.

Common Misconceptions About Detention and Arrest

Several myths about law enforcement interactions can lead to confusion or fear. Here are the realities:

⚠ Detention Does Not Equal Arrest

Being stopped or questioned by police doesn’t necessarily mean you’re under arrest.

⚠ Miranda Rights Are Not Always Read

Miranda Rights are not required during detentions or at the moment of arrest unless questioning follows. Once the police are ready to question after an arrest, they must read you your Miranda Rights. Just because you are in handcuffs, or even at the jail, does not mean police have to read you your rights—just yet.

⚠ You Have the Right to Remain Silent When Detained

Even during a detention, you are not obligated to answer questions beyond your name.

⚠ Police Can Detain Without Bringing Charges

A detention doesn’t always lead to an arrest or criminal charges.

What To Do If You Believe Your Rights Were Violated

If you feel that your rights were violated during a detention or arrest in Indiana:

Document everything you remember about the incident.
Obtain contact information for any witnesses.
Contact a qualified attorney to discuss your case and determine any next steps.

Our team at The Law Office of David E. Lewis specializes in protecting your legal rights. Whether you’re concerned about an interaction with law enforcement or want to know more about Indiana detention and arrest laws, we’re here to help.

Conclusion

Detentions and arrests are serious situations that can have a significant impact on your life. It’s important to know your rights and take the necessary steps to protect them if you feel they’ve been violated. By following the steps outlined in this guide, you can best navigate these situations and seek justice if needed.

Remember, our team is always here to support and guide you through any legal challenges you may face. We believe in fighting for your rights and ensuring fair treatment under the law for all individuals. Stay informed, stay empowered, and always remember that you have the right to speak up for yourself.

Don’t hesitate to reach out to a criminal defense lawyer for expert legal advice. Contact Attorney David E. Lewis today for a free consultation with an experienced attorney who can guide you through the legal process confidently.

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What to Do in a Police Encounter: Safety and Legal Advice

Posted on April 17, 2024 by admin

Encountering law enforcement can be a source of anxiety or confusion for many. But having a clear understanding of your rights and knowing how to act during a police stop is not just a safeguard for you—it’s an exercise of the very principles that underpin our society.

This comprehensive guide offers insights into constitutional protections, legal advice, and community support to ensure that you can confidently assert your rights during any police interaction. Whether you’re a passionate civil rights activist, a young adult navigating your legal landscape, or a general enthusiast seeking clarity, this post is a vital resource.

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Understanding Your Rights and Remaining Calm

Know the Basics

The starting point in preparing for a police encounter is to understand the fundamental rights granted by the constitution. These include the right to remain silent, the right to an attorney, and protection from illegal searches and seizures. You should understand the extent of your Miranda rights, which protect your privilege against self-incrimination.

Staying Composed

Remaining calm is one of the most important steps during an interaction with the police. It allows you to think clearly and respond appropriately. Remember that although an officer may be assertive in their questioning, it is within your rights to calmly exercise your privileges.

Assertive Communication

When engaging with law enforcement, assertive—but respectful—communication is key. Polite refusal with phrases like “I am choosing not to answer questions” or “I do not consent to a search” can help assert your rights without escalating the situation.

Essential Legal Advice for Personal Safety and Protection

Knowing the Law

There are nuances to the legal system that can be complicated and difficult to master, especially in the heat of a police encounter. Familiarize yourself with the specific laws in your area regarding interactions with the police.

Immediate Actions to Take

If you feel your rights have been violated, note the details of the interaction as soon as it is safe to do so. Remember badge numbers, vehicle types, and names. Seek legal aid afterward to understand your recourse options.

Filming Encounters

In many places, video recording police encounters is within your rights and can serve as crucial evidence. Always consider safety first, but if possible, use your cellphone to record interactions from a safe distance.

Navigating Real-Life Scenarios with Finesse

Traffic Stops – During a traffic stop, pull over safely, stay in your vehicle, and keep your hands on the wheel. Engage with the officer politely and comply with requests without sacrificing your safety or rights.

Public Demonstrations and Protests – Participating in a protest? You still have rights. Understand the rules set by the organizers, know the role of legal observers, and be prepared for the possibility of arrest.

Home Encounters – When law enforcement shows up at your home, you have rights regarding entry and search. Ask for a warrant but also consider the urgency and nature of the police presence to make informed decisions about your response.

Leaning on Community Support and Resources

Local Organizations – Research and become familiar with local civil rights organizations and resources that specialize in providing support and legal advice during police encounters.

Building a Network – Connect with like-minded individuals in your community to share experiences, knowledge, and advice on navigating police interactions and the legal system.

Post-Encounter Support – In the case of an arrest or violation, lean on community support groups for assistance with legal representation and understanding the next steps in your specific case.

Conclusion

Encounters with law enforcement are more than personal inconveniences. They are opportunities to stand up for the principles that make our justice system just. By knowing your rights, staying informed, and staying vigilant, you not only protect yourself but also contribute to the collective defense of civil liberties. Share this guide with your peers, encourage open conversations about personal experiences, and stand together in the pursuit of justice.

Speak with a Lawyer

If you are facing charges or need assistance with a recent arrest, don’t hesitate to seek legal counsel. A lawyer can provide the tailored advice and representation necessary to navigate the complexities of your specific situation. Your voice, your rights, and your future are worth fighting for—take the crucial step of seeking professional legal guidance.

If you are facing criminal charges after a wrongful or unconstitutional arrest, it’s essential that you seek the advice of a qualified lawyer as soon as possible. Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

Stay Calm and Collected: How to Interact With Cops

Posted on January 16, 2024 by admin

Interactions with police officers can often be daunting and nerve-wracking. However, understanding how to stay calm and collected during such encounters is crucial and can significantly affect the outcome. This blog post aims to educate readers on effectively managing cop stops, ensuring their rights, particularly their Miranda Rights, are upheld, and fostering a respectful engagement with police officers. Keep reading to gain insight into this important aspect of civic life.

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What You Need to Know About Interacting With Police

Police stops, also known as cop stops, occur when a law enforcement officer initiates contact with an individual or a vehicle. These encounters can be initiated for various reasons, such as traffic violations, suspicious behavior, or responding to a call for assistance. It is essential to understand that these interactions are not always avoidable and being prepared can make a significant difference.

Stay Calm

The first and most crucial tip for interacting with cops is to stay calm. It may be easier said than done, but it is imperative not to panic or act aggressively during such encounters. Take deep breaths and maintain a composed demeanor, even if you feel agitated or anxious. Remember that police officers are trained to assess and manage intense situations, and staying calm can help de-escalate the encounter. Additionally, if you are nervous or anxious, communicating this fact to the officer in a respectful manner can also help diffuse any tension.

Know Your Rights

As a citizen, it is crucial to understand your rights when interacting with cops. The most important being your Miranda Rights. These rights are read to individuals when they are taken into custody and include the right to remain silent, the right to an attorney, and if you cannot afford one, one will be provided for you. It is essential to remember that these rights apply at all times during a cop stop, even before an arrest is made. If the officer fails to uphold your Miranda Rights, any statements you make during the encounter may not be admissible in court.

Be Respectful and Cooperative

Being respectful and cooperative towards police officers is crucial, even if you feel like you are being unfairly treated or stopped. Remember that these individuals are carrying out their duties as law enforcement officials, and disrespect or aggression can only escalate the situation. Be mindful of your tone and body language, and always address the officer with “sir” or “ma’am.” Additionally, if you are asked to comply with requests such as providing your identification or stepping out of your vehicle, it is best to do so calmly and without resistance.

Seek Legal Assistance if Necessary

In some instances, despite staying calm, knowing your rights, and being respectful, law enforcement encounters can still result in an arrest or charges being pressed against you. In such cases, it is essential to seek legal assistance immediately. A qualified criminal defense attorney can help protect your rights and offer guidance on how to navigate the legal system. Remember that you are innocent until proven guilty, and having a legal representative by your side can make all the difference.

Conclusion

In conclusion, interacting with cops can be a nerve-wracking experience, but it is essential to know how to handle such encounters effectively. Staying calm, knowing your rights, being respectful and cooperative, and seeking legal assistance if necessary are essential factors that can significantly impact the outcome of a cop stop. By following these guidelines, you can ensure a safe and respectful interaction with police officers. Remember, being informed is the key to staying calm and collected during such encounters.

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Understanding Your Rights: A Guide to Encounters with Law Enforcement

Posted on August 22, 2023 by admin

Interactions with law enforcement can be intimidating, prompting feelings of uncertainty and confusion. It’s crucial, however, to be aware that even in such situations, you have specific rights and protections granted by the Constitution. This blog post aims to elucidate these rights, focusing on issues such as illegal searches, and providing some practical advice to ensure you’re equipped with the knowledge to navigate these encounters effectively. Knowledge is power – and in this case, it’s the power to protect your civil liberties. Continue reading to get started!

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Your Rights Under the Fourth Amendment

The Fourth Amendment of the U.S. Constitution protects individuals from unreasonable searches and seizures by law enforcement. This means that in most cases, officers are required to obtain a warrant before entering your house or searching through your possessions – regardless of whether they have probable cause. It’s important to note, however, that there are several exceptions to this rule, including consenting to a search by the police and any evidence of criminal activity in plain view.

Your Rights During a Cop Stop and Frisk

If you’re stopped by the police, it’s important to remember that you have certain rights under the law. The police must have reasonable suspicion to believe that a crime has been, is being, or is about to be committed before they can search you. If they don’t have this suspicion, then it would be illegal for them to search you – and any evidence that is found could potentially not be used in court. When engaging with law enforcement, try your best to remain calm and answer their questions truthfully. You also have the right to refuse to answer any questions, and you should not give consent to any search.

Your Rights if You’re Arrested

If you’ve been arrested, it’s essential that you remain aware of your rights. You have the right to remain silent – and anything you say can be used against you in court. You also have the right to an attorney in most cases, so don’t hesitate to ask for one if you believe it’s necessary. It’s also your right to know the charges against you and why you were taken into custody. If you are under arrest and the arresting officer fails to read your Miranda Rights, you might be wondering what this means for you.

Miranda Rights are important legal protections that must be given to you by law enforcement before they interrogate you. If they don’t, any statements you make during questioning may not be admissible in court. This does not mean that you will automatically be let go, but it does mean that the prosecution may not be able to use certain information against you if they were obtained during an interrogation without reciting your Miranda Rights. It is essential to understand the importance of Miranda Rights and how to protect your rights when you are arrested.

What You Can Do to Protect Your Rights

When encountering law enforcement, it is important to remain aware of your rights and act in ways that can help protect you. If you feel that your rights have been infringed upon, make sure to take notes and document the encounter as best as possible. It’s also helpful to stay calm and non-confrontational, even in difficult situations – this can go a long way in helping diffuse the situation without escalating it further. It’s also beneficial to contact an experienced criminal defense lawyer if you ever find yourself in a situation where your legal rights have been violated.

In Summary

Understanding your rights is essential to protecting yourself from unreasonable searches and seizures by law enforcement. With the knowledge of these rights, it’s important to stay cognizant of them during any encounters with the police – and make sure that they are respected. It’s also beneficial to contact an experienced criminal defense lawyer if you ever find yourself in a situation where your legal rights have been violated. With the right understanding and preparation, it’s possible to navigate encounters with law enforcement safely and effectively.

Are you seeking an aggressive criminal defense litigator who can successfully represent you at a price you can actually afford? Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our criminal lawyers will obtain the best possible outcome to your criminal case!

Understanding Your Rights When Pulled Over By the Police

Posted on May 2, 2023 by admin

No one wants to be pulled over by the police, but it happens. When you find yourself in this situation, it’s important to know your rights and understand how you should act. Police encounters can be intimidating, but if you are aware of your civil rights as an American citizen and exercise them properly, things can go more smoothly. In this blog post we will discuss what your rights are when stopped by police officers according to the Fourth Amendment of the U.S Constitution and provide tips on how best to handle a police encounter so that everyone stays safe. So, let’s dive in!

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Your Fourth Amendment Rights

The Fourth Amendment is part of the Bill of Rights, and it protects people from unreasonable search and seizure. When pulled over, you have the right to remain silent and not answer any questions that are asked of you. You do not have to give permission for your car to be searched unless the police officer has a valid warrant or probable cause. If an officer has a valid warrant, they will present it before conducting a search.

Good Behavior During a Traffic Stop

It is within your rights to ask why you were stopped and if they are asking you to step out of the vehicle. It is also important to be polite when interacting with officers as this can help them keep their composure during the encounter. Additionally, make sure that any objects such as keys or wallets that you give to officers are returned once the encounter is over.

Outstanding Arrest Warrants

Whether you exhibit good behavior or not, if there is a warrant out for your arrest, the cop can and will arrest you on the spot and take you into custody. In this case, you would leave your car there and it would be towed to the designated impound lot. You would be responsible for paying all towing and impound fees after you post bond and get out of jail.

Were You Arrested?

It’s important to note that if police do not read you your Miranda rights upon arrest and later make a confession, that confession may not be admissible in court. It’s crucial to understand your Miranda rights and exercise them if you’re ever in a situation where you’re under arrest or being questioned by law enforcement. Don’t hesitate to speak up and demand your rights. Miranda rights refer to the rights that every American citizen has upon being arrested by the police. These rights, established in the 1966 Supreme Court case Miranda v. Arizona, include the right to remain silent, the right to an attorney, the right to have an attorney present during police questioning, and the right to stop answering questions at any time.

Were Your Rights Violated?

If you feel your legal rights were violated, and there’s no physical harm caused during the encounter, it’s best to document as much information as possible, including the officer’s name, badge number and any details of the incident. As soon as possible after the encounter, contact a criminal defense lawyer to learn how to move forward with the law on your side.

Conclusion

Overall, understanding your rights when pulled over by police can help ensure that everyone involved in an encounter stays safe and respects one another’s civil rights. Keep in mind that having knowledge of your Fourth Amendment Rights can help protect you from unreasonable search-and-seizures by law enforcement officials. Being aware of these laws and exercising them properly can help make your police encounters go as smoothly as possible.

You do not have to go through the legal system alone. Get a professional on your side who will fight for your rights and your freedoms. Contact Attorney David E. Lewis at 317-636-7514 to speak with a seasoned criminal defense lawyer in Indianapolis, Indiana. Our law firm will get you the best possible outcome to your criminal case!

What Should I Do if I Get Pulled Over By Police?

Posted on February 18, 2022 by admin

At some point in your driving career, you are bound to be pulled over by police. It doesn’t mean that you’re guilty of a crime, or even suspected of one; but nonetheless, cop-stops and traffic violations do happen every day, so it is wise to be prepared and know how to behave if you ever look up and see those flashing emergency lights in your rear view mirror.

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Being Pulled Over is Not Always a Bad Thing

It is important to keep in mind that law enforcement is out there to protect us, even if that means from ourselves. So, when you see yourself getting pulled over by police, do not panic. It is very likely that they are pulling you over for something minor, such as a broken taillight. They might be pulling you over to help you with something, like an unscrewed gas cap or dangling license plate.

Courtesy and Cooperation Will Help Your Situation

In all cases of being pulled over by police, the most important thing to remember is that good behavior goes a long way. Whether you are guilty of something or not, if you are 100% cooperative and courteous to the on-duty officer, it is very likely that you will be treated with high regard and that your best interests (including your personal time) will be made a priority by them. Cops are ultimately here to help us and protect us, and if you let them do their job, your police encounter will go by a lot faster and end with a more desirable outcome, even if you are arrested.

Cop Stop Tips

If you are ever pulled over by law enforcement, whether driver or passenger, these are the steps that you need to remember and practice to the best of your ability:

▶ Pull to the Right. Pull over to the right shoulder of the road as soon as you know police are stopping you. Do not pull over to the left side. If you cannot access the right side of the road right away, drive a few feet longer, until you have adequate space to pull over.

▶ Stay Still. Do not move from your seat after stopping. Don’t even unbuckle your seatbelt or grab your purse. Remain perfectly still with your hands on the wheel while you wait for the officer to approach your window. You can reach for your car documents when the officer asks for them.

▶ Be Very Nice. Be polite and answer the police officer’s questions with respect. Although it is up to you on how truthful you want to be with them, the most important thing is that you speak to them in a respectful tone and courteous manner. Do not raise your voice, give attitude, show anger or frustration, call them names, or accuse them of anything. Do not be confrontational in any way.

▶ Oblige the Officer. Along with being respectful and courteous, it is important to oblige the officer by making him or her more comfortable. If it’s nighttime, turn on your interior cabin lights on so that they can see you. You can also do things like turn your car engine off and turn the radio down so that you two can converse more clearly. These little actions can work in your favor.

▶ Keep Conversation Short. It is important that you don’t speak too much when conversing with the police officer, especially if you are concerned that you might be guilty of a crime or have a warrant out for your arrest. It is better to say only what you need, answering the police officer’s questions directly and concisely, but not in excess. Talking too much could cause you to give up too much information, which could potentially incriminate yourself. More importantly, do not admit to any wrongdoing.

Where you recently pulled over by police and wrongly arrested for a crime, or you suspect that your rights were violated? Contact the Law Office of David E. Lewis at 317-636-7514 for superior and aggressive Indianapolis criminal defense you can count on. We can meet over the phone, via online video conference, or in person at our office.

5 Types of Probable Cause for DUI Traffic Stops

Posted on December 20, 2021 by admin

Although the facts will differ among all cases of drunk driving arrests, there is a general guideline that police officers use to determine probable cause in a DUI traffic stop. Continue reading to learn what signs and clues law enforcement look for to establish probable cause in a drunk driving arrest and what to do if you were recently charged with a similar offense in Indiana.

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Reasonable Suspicion for Traffic Stops

When it comes to DUI traffic stops, it is important to understand the difference between reasonable suspicion and probable cause. In all cases of traffic stops, whether a driver has been drinking alcohol or not, law enforcement must have reasonable suspicion that a driver has committed a traffic violation or infraction before pulling them over. Once pulled over, law enforcement must then establish probable cause to make an arrest.

In order for a police officer to legally arrest a person for a DUI, there must be probable cause, which is evidence that supports an officer’s reasonable belief that a driver is intoxicated, or under the influence of a drug or controlled substance.

Reasons You Might Have Been Pulled Over for Drunk Driving

Both reasonable suspicion and probable cause can be a means to a DUI arrest. Police officers can use either principal, or both, to conduct a legal traffic stop and establish an arrest. The types of probable cause or reasonable suspicions can vary depending on each situation of intoxicated driving. However, these are the top 5 reasons why police officers pull people over and arrest them for drunk driving:

❶ Traffic Violations

Traffic violations are one of the top reasons why people are pulled over, regardless of alcohol involvement. Common traffic violations include expired license plates, illegal U-turns, illegal parking, failure to use turn signals, ignoring traffic signs, running red lights or stop signs, and most recently, texting and driving.

❷ Reckless Driving

Poor driving is another common reason why police officers pull people over. If a person is exhibiting bad or reckless driving, a cop can legally pull them over to conduct a traffic stop. Examples of reckless or bad driving include speeding, following too closely, failing to yield, ignoring traffic signs, driving too slow, and similar risky behaviors.

❸ Car Accidents

Speaking of risky behaviors, law enforcement can use the occurrence of a car accident to establish reasonable suspicion to question a driver. Whether you are at fault for a car accident or not, police can question you, and if it comes down to it, arrest you for a DUI. They would need to make some observations to establish a legal basis for arresting you, though. See below to learn more.

❹ Mid-Stop Observations

Once a police officer has pulled a driver over, they can continue their investigation by keeping their eyes open for tells or signs that a person has been drinking alcohol or using illicit drugs. A cop can establish probable cause and make a DUI arrest if they smell alcohol on your breath, hear you admit to having a drink earlier, see alcohol containers in your car, catch you in a lie, and more. Other signs that officers use as evidence of drunk driving include slurred speech, glossy or red eyes, dilated pupils, slowed movements, incoordination, insubordination, crying, and hostility.

BAC Testing

To really seal the deal and come in with some valid evidence to support their reasonable suspicion and probable cause, law enforcement relies on field sobriety testing and blood-and-alcohol (BAC) testing. Also known as chemical testing, a breathalyzer is one of the most common devices used during traffic stops to determine a driver’s level of alcohol in their system, and therefore, reveal how much they’ve had to drink within a 24 hour time period.

The legal limit is 0.08 percent BAC. If you blow this or more, you will be arrested on DUI charges. Upon being arrested, and with your consent, law enforcement will request to have your blood drawn and tested to confirm a precise BAC value.

Field sobriety testing is another strategy used by law enforcement to establish probable cause for a DUI arrest. Walking the line, touching the nose, and following the pen with the eyes are typical phases of a field sobriety test.

Were you recently arrested for a DUI or similar offense in Indiana? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive and skilled DUI criminal defense in Indianapolis, Indiana. Our teams work around the clock to reduce or dismiss your DUI penalties and avoid jail!

Indianapolis Criminal Defense 317-636-7514 — Schedule a Free Consultation Today!

Facts About Police Stops and Pat Downs

Posted on May 14, 2021 by admin

When a police officer decides to pat you down or frisk you, are they within their rights in all cases? Are they allowed to stop and frisk at their own discretion? Without any merit? Continue below to learn what you need to know about cop stops and pat downs, including how to defend your criminal charges if you were just arrested after a similar police encounter.

Illegal Search and Seizure Criminal Lawyer Indianapolis Indiana 317-636-7514

Detention and Search

What’s commonly referred to as a stop and frisk is also known as a detention and search. Because of the Supreme court decision handed down in the Terry versus Ohio (1968) case, they are also called Terry stops or Terry frisks. No matter the moniker, this type of police encounter occurs when a cop decides that a person might be committing, or has recently just committed a crime and asks them to stop and answer some questions. This is the detention part, which is not the same as being under arrest (Fourth Amendment). As for the search, police officers will pat a person down to check for illegal drugs, weapons, contraband, or paraphernalia.

Police Officers Must Have Probable Cause

Cops are not permitted under law to stop just anyone they want at any time for no reason at all. Police officers must have probable cause to stop and question a person. To arrest them, they must have probable cause or a warrant. Probable cause can mean a lot of things, including evidence, witness statements, and suspicious behavior. This means that cops can find probable cause at their own discretion.

So, although it might seem like a police officer stops someone for no reason, professional training and strategies used by law enforcement can allegedly spot the signs of suspicious or criminal behaviors. Upon being stopped by a police officer for reasons of suspicion, you can expect a pat down to follow, as this is normal procedure to check for threats or weapons.

If a cop detains a person without reasonable cause, the arrest and charges would be inadmissible in court.

Am I Free to Go or Not?

If a person is stopped by police for questioning, whether or not they are free to leave depends on the cop’s behavior and communication. If a cop is touching you, has their weapon out, or using a harsh tone of voice, then you are NOT free to leave. In these situations, you are being detained by police and cannot leave at your own discretion.

Confused? Don’t be. Typically, you will just feel it; you will know that you are or are not allowed to stop the conversation and walk away from a cop who is questioning you. If you ask the cop if you are free to leave and they answer yes, then you can end the discourse and walk away without repercussion.

Are you facing Indiana criminal charges after being stopped by a cop on the street? Contact the Law Office of David E. Lewis at 317-636-7514 for aggressive Indianapolis Indiana criminal defense you can afford.

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