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!

Top FAQS About Criminal Search and Seizures

Posted on October 8, 2021 by admin

Facing criminal charges is not a pleasant experience, regardless of how major or minor they may be. But, if you have the right knowledge, prepare accordingly, and hire a skilled criminal defense attorney, you can help ease the anxiety and fear that generally comes along being a criminal defendant. Many suspected offenders want to know the laws and procedures surrounding criminal search and seizures, as this is often the beginning of the indictment and criminal investigation process.

Continue below to review the top frequently asked questions about search and seizures, as well as how to protect your rights as you face criminal charges in Indiana.

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Frequently Asked Questions About Search and Seizures

Does Our Fourth Amendment Right Protect Us Against Illegal Searches?

The 4^th Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. This means that police and other forms of law enforcement must have a good reason to legally search you or your property, as well as seize personal belongings or make an arrest.

“Good reason” is established when police identify tangible evidence or facts that leads them to believe a person is committing, has committed, or intends to commit a crime. This is also referred to as probable cause. If sufficient probable cause is present during a police encounter in a place where privacy is not expected, a search and seizure is not deemed unreasonable, therefore, it is not illegal.

Can a Cop Search My Property Without My Permission?

Since police have the authority to make a probable cause determination, they can legally search your property if they want to, whether dwelling, vehicle, storage unit, barn, or shed. There is very little chance that they are found guilty of an illegal search later on.

Can I Refuse or Resist a Search?

There are several complexities involved with an officer’s right to perform legal searches without warrants, so you may be confused on whether or not your 4^th Amendment right applies. In fact, a person can potentially be arrested and held in custody for resisting a search. If you believe you were unfairly searched, you can always file a claim afterwards that alleges a violation of your rights. Talk to a licensed Indianapolis criminal defense lawyer to learn your rights and get help with your case.

How Do I Know if a Search Warrant is Valid?

There are ways you can ensure that a search warrant is legally standing and valid. When confronted with a search warrant by law enforcement, review the document and look for a magistrate’s signature, a description of the location to be searched, and a description of the items to be seized.

Can a Cop Read My Text Messages and Mail?

Whether snail mail, email, or text messages, a law enforcement officer can read through your literature if they have a valid search warrant. Once you are placed under arrest, police can confiscate and search through any belongings you have in your possession or on your person, such as purses, bags, wallets, and in some cases, cell phones. This is known as a “search incident to arrest.” Not all states allow a cell phone search under these circumstances, and instead, require a warrant to do so.

Are you facing criminal charges in Indiana and wish to dismiss or reduce them? Contact Attorney David E. Lewis at 317-636-7514 to speak with a skilled and aggressive criminal defense lawyer in Indianapolis, Indiana. Act fast so that you may avoid the maximum penalties for your charges!

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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.

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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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