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Criminal Defense Lawyer

Published on April 12th, 2021

How do I protect my rights during a search? 

Criminal Defense Lawyer

Being stopped by a police officer can be a stressful experience. You may not be aware of what you’re being stopped for. When an officer decides to conduct a search of your home or vehicle, the experience can be even more tense. It is important to remember your rights in such situations however. As a top criminal defense lawyer like one from Tuttle Law, P.A. can explain to you, the Fourth Amendment protects citizens from being subjected to unlawful searches and seizures. Follow these tips so that you can protect your rights in case you are stopped and searched by a police officer.

Stay calm

While it is not easy to be at ease if you are having an unexpected or tense interaction with a police officer, it is important that you compose yourself and remain as calm as possible. Lashing out in anger or frustration at a police officer can result in the situation getting worse. If you let your emotions get the better of you, you may accidentally incriminate yourself or instigate a physical conflict with the police officer. Remain as calm as you can throughout the interaction to prevent the situation from escalating. 

Remain silent 

You have the right to remain silent. Under the Fourth Amendment, citizens have the right to retain their privacy if they are suddenly questioned or searched by police. If a police officer asks questions relating to your immigration status, you do not have to answer them. If you do decide to admit your immigration status to an officer, you must be prepared to show your documents as evidence. 

Keep in mind that the police do have the authority to search you under certain circumstances. They can only continue a search if they have a search warrant or have probable cause that a crime has been committed. 

Do not interrupt police

If the police do have a valid warrant, it is important that you comply with their orders and allow them to proceed with the search. You can be charged with obstruction if you do anything to prevent them from conducting their search. 

Contact a Lawyer

Be aware of your rights and what to do in the event that you are searched by a police officer. If you have had an encounter with police and not sure if your rights were violated, talking to a lawyer about your interaction and inquiring about your rights is highly recommended. Talk to a skilled criminal defense lawyer today for more information. 

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