Protests over police overreach and abuses have erupted across the country. Stories often focus on the use of deadly shows against those facing criminal charges but more minor incidents happen on a daily basis. Even otherwise law-abiding citizens need to be aware of the risks and what to do if stopped by the police.
There are three basic situations in which you are likely to be stopped or have some other type of encounter with the police. The Ohio Chapter of the American Civil Liberties Union (ACLU) details some of your rights and obligations in each:
This is one of the most common ways you are likely to encounter law enforcement. Pull over immediately to the first safe space and keep your hands on the steering wheel as the officer approaches. Do not make any sudden movements and request permission before reaching for identification.
If the police have a warrant or reasonable suspicion that an illegal activity has taken place, they may search you and your vehicle. State clearly that you do not consent to this and avoid making any other statements. If you are given a ticket, sign it. We can contest it later in court.
Ask to see a warrant before letting police into your home. However, they can enter without one in an emergency or if they suspect criminal activities and that evidence is being destroyed. If you are placed under arrest, the police have the right to search you and the immediate area you are in. They will need a warrant to search other rooms or people. Make it clear that you do not consent but do not attempt to stop them. Again, any wrongdoing on their part can be addressed later in court.
If police attempt to stop you or approach in your direction, do not run. As the name implies, stop and frisk laws allow police to question and possibly detain potential suspects in public places. However, there must be reasonable suspicion to warrant such action. Provide your name, address, and birth date if requested but invoke your right to remain silent when it comes to providing other information.
If you are ticketed by law enforcement or placed under arrest and charged with a crime, reach out to the Van Noy Firm immediately. We can help protect your rights and provide the
professional legal representation you need. Call or contact our Dayton criminal defense lawyers online and request a consultation today.
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