{"id":1456,"date":"2020-02-21T18:28:44","date_gmt":"2020-02-21T18:28:44","guid":{"rendered":"https:\/\/www.delewislaw.com\/blog\/?p=1456"},"modified":"2020-02-21T18:28:44","modified_gmt":"2020-02-21T18:28:44","slug":"frequently-asked-questions-about-police-interactions","status":"publish","type":"post","link":"https:\/\/www.delewislaw.com\/blog\/frequently-asked-questions-about-police-interactions\/","title":{"rendered":"Frequently Asked Questions About Police Interactions"},"content":{"rendered":"\n

When you are confronted by police, there are many things you\nshould and should not do in order to protect yourself. Not only can the right\nknowledge regarding police dealings help you avoid self-incrimination, it can ensure\nyour freedoms are not taken away on the spot. For a start, continue reading to review\nsome frequently asked questions and answers about police interactions.<\/p>\n\n\n\n

\"Criminal
Criminal Defense Law Firm 317-636-7514<\/figcaption><\/figure>\n\n\n\n

If a Cop Stops Me on the Street, Do I Have to Talk to Them?<\/h1>\n\n\n\n

If you are walking down the street or sitting on a bench,\nand an on-duty police officer stops to speak to you or ask you a question, you\nmust comply. Even if you feel like their actions are illegal or they are harassing\nyou, you are still required to stop and cooperate with their orders, no matter\nthe circumstance. Furthermore, anything you say or do during this stop can be used\nagainst you later on. <\/p>\n\n\n\n

If a cop stops you, but does not tell you why, you can ask, \u201cAm\nI being detained?\u201d Be sure to use this exact language. If the cop says no<\/em>,\nyou can ask if you can now walk away. Do not just walk away, as this can create\nconfrontation. If the cop says yes<\/em>, then you are immediately entitled to\na lawyer by law, and can refuse to answer any more questions without your\nlawyer present. If you do this, be prepared to be arrested.<\/p>\n\n\n\n

Can a Cop Search My Car Without My Permission?<\/h2>\n\n\n\n

The Fourth Amendment of the United States Constitution gives citizens the right to be free of unlawful or unreasonable searches and seizures by law enforcement officials. It means that police and other forms of law enforcement must have a good reason to legally search a person or their property, as well as, seize personal belongings or make an arrest. \u201cGood reason\u201d 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. <\/p>\n\n\n\n

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. However, police have the authority to make this determination. So, the answer to this question is, yes<\/em>, a cop can search your car if they want to. There is very little chance that they are found guilty of an illegal search later on. <\/p>\n\n\n\n

Is it Against the Law to Insult a Cop?<\/h2>\n\n\n\n

Whether or not it is illegal to insult a cop depends on the\ncircumstance. In all cases, if you insult a cop, you are taking on the risk of\nbeing stopped, questioned, searched, and if found partaking in criminal activity\nor wanted by warrant, arrested on the spot. Under law, it is illegal to\ninterfere with a police investigation, and to use \u201cfighting words\u201d towards an\nofficer. If your insults fit into one of these two categories, then you can be\narrested. <\/p>\n\n\n\n

Can a Cop Arrest a Child?<\/h2>\n\n\n\n

Juveniles between the ages of 11 and 17 years old can be\narrested by a police officer if they are caught breaking the law. If a child\nunder the age of 10 years old commits a crime, they are not tried in the\njuvenile court system. Instead, they are entered into a state-run or\ngovernment-administrated social services program. Here, they are evaluated and\nrehabilitated by professionals in the social service and childcare industries.<\/p>\n\n\n\n

If a Cop Doesn\u2019t Read Me My Rights, Will My Charged Be Dropped?<\/h2>\n\n\n\n

The rules and regulations regarding Miranda warnings and\nwhat police officers must say to people under arrest differ among jurisdictions\nwithin the United States. It is important to understand that Miranda warnings\nare not meant for every police interaction, and may not always be read to a\nperson. The only situation in which law enforcement is required to read a\nperson their Miranda rights is if custodial interrogation is going to take\nplace. This means if police officers intend to interrogate and question a\nsuspect for the purpose of making an arrest, they must read the suspect their\nMiranda warnings first before questioning them.<\/p>\n\n\n\n

Can a Park Ranger Arrest Someone?<\/h2>\n\n\n\n

Park rangers can (and will) arrest a person who breaks the\nlaw, whether it\u2019s a state law, federal law, or park rule. Misunderstanding the\nrole of a park ranger has cost many people a night in jail. If you are a\nfrequent camper, hiker, fisher, or park visitor, be sure to fully understand\nthat park rangers are the boss. In fact, park rangers are not the only\nauthorities you might come across. Individuals like park police, game wardens,\nand other park officials are also in charge of enforcing rules.<\/p>\n\n\n\n

Can a Security Guard Arrest Someone?<\/h2>\n\n\n\n

A security guard has a lot of authority in terms of guarding\nand protecting, but their authority to arrest a person is limited. Although they\ncannot actually arrest a person like police can, they do have the right to make\na citizen\u2019s arrest, just as we all do. However, a citizen\u2019s arrest can only\ntake place under these specific circumstances: 1) the offender committed a\nfelony, or 2) the offender attempted to commit, or did commit, a misdemeanor in\ntheir presence. In the case of a felony, the offense must have actually been\ncommitted for a security guard to make a citizen\u2019s arrest. In the case of a\nmisdemeanor or infraction, the crime must have been made or attempted in the\npresence of the security guard.<\/p>\n\n\n\n

Where to Get Trusted Criminal Defense in Indiana<\/strong><\/h3>\n\n\n\n

Call the Law Office of David E. Lewis at 317-636-7514<\/strong> to schedule a free initial consultation with aggressive Indiana criminal defense lawyer<\/a> who will stop at nothing to protect your rights and preserve your freedoms. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges.<\/p>\n\n\n\n

\"Indianapolis
Schedule a Free Consultation Today!<\/figcaption><\/figure>\n","protected":false},"excerpt":{"rendered":"

When you are confronted by police, there are many things you should and should not do in order to protect yourself. Not only can the right knowledge regarding police dealings help you avoid self-incrimination, it can ensure your freedoms are … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":1457,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2,1],"tags":[],"class_list":["post-1456","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-criminal-defense","category-criminal-law"],"_links":{"self":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1456","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/comments?post=1456"}],"version-history":[{"count":1,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1456\/revisions"}],"predecessor-version":[{"id":1458,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/posts\/1456\/revisions\/1458"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media\/1457"}],"wp:attachment":[{"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/media?parent=1456"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/categories?post=1456"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.delewislaw.com\/blog\/wp-json\/wp\/v2\/tags?post=1456"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}