When you are pulled over by the police while you are in your car, you have rights. You also have rights if the police stop you when you are not in your vehicle. Whether you are walking along a sidewalk, sitting on a park bench, or in any other public place, if the police stop you or approach you and want to talk to you, you have rights. These rights are protected under the U.S. Constitution, primarily under the Fourth and Fifth Amendments, but under other provisions, as well. The important thing to remember if you are stopped by police, even if the encounter seems casual or even conversational, is that from that initial contact on the sidewalk right up until you are being allowed one phone call to a lawyer from jail after being arrested, the only person who can protect your rights is you. You need to know what those rights are if you are to properly protect yourself.
The Police Do Not Have to Assert Your Rights, You Do
When the police stop you, they are not required to respect your rights, at least not in the sense that they have to tell you what those rights are. The police can, and often do, proceed from the assumption that you do not really know what rights you have. For instance, when you are driving and get pulled over by the police, you have to show a driver’s license when they ask because it is a document that you are required to have in order to drive. If you cannot show one, you are already in trouble.
If you are walking down the street and the police stop you, in Texas you do not have to tell them who you are or produce any identification unless they actually arrest you. They can ask, but you do not have to tell them who you are, where you were born, what your citizenship status is, or any other identifying information. There are other rights that you can – and should – assert from the moment you come in contact with police, including:
- The right to remain silent. You literally do not have to answer any questions – who you are, where you have been, where you are going, what you do for a living, why you are there – none. If you plan to exercise this right, say so right away, clearly and unequivocally, and then stick to it.
- The right to refuse to be searched. Police can search you without permission, but only with probable cause to believe you have evidence of a crime, and even then usually only with a warrant issued by a judge. So, if the police ask if they can look in your backpack, bag, or whatever, you have the right to say no..
- If you are not under arrest, you have the right to leave. At any point in the conversation with the police, you can ask if you are free to go. “Yes, but … “ is still “yes.” If the police tell you that you are free to go, then go.
- If you invoke these rights out loud, and the police do not respect those rights—they search you anyway, or will not tell you if you can leave, or try to force you to answer questions – your rights are being violated.
If You Have Been Stopped by the Police and Believe Your Rights Were Violated, Talk to Madrid Law Firm
The police usually respond appropriately if you assert your rights, but not always. If you have been stopped by the police and think they did not properly respect your rights even after you informed them you wished to invoke those rights, you should talk to an experienced attorney at Madrid Law Firm.
