Although in some circumstances they can detain you for a limited time
for
investigation, unless you agree to accompany the police, or consent to
their
search they can not hold you in custody indefinitely nor search your
person,
belongings, or home.
You have a right to refuse to consent
to a search, to refuse to perform
tests, and to refuse to voluntarily
accompany the police.
Despite threats that they will "get the dog" or that you will only prolong
your
detention, the police can not make you consent to a search of your
person,
bag, or car if they do not have probable cause. Typically, if they
are
pressuring you to consent during a traffic stop, it's because they do not
have
probable cause. When you consent, the police no longer need probable
cause.
You have a right to refuse to take a
breath test or perform field tests
during a DUI
investigation.
The
evidence the prosecution uses to convict the vast majority of DUI
offenders with are the field test results and the breath test results.
While
refusing to take a breath test DOES result in a longer suspension period
(for
first-time offenders 6 - 12 months), the suspension can be challenged
under
the proper circumstances, and the trade-off for the shorter suspension
is
handing the police the evidence needed to convict
you.
If the police tell you they want you to come with them to the station or
ask
you to come to the station voluntarily to discuss a criminal
investigation,
you have a right to decline. The police may say that they will come
and
arrest you if you don't cooperate. If so, then they were planning to
arrest
you and want you to voluntarily come in so that they can use that time
to
build up probable cause, likely by interrogation. You should
immediately
contact and retain an attorney to help you deal with the
police.
You have a right not to talk to the
police. Period.
Without an attorney present, you should not talk to the police when
they
believe a crime has been committed. Unless you are the victim of the
crime
and you are reporting it to the police, you should not submit yourself
to
questioning without an experienced attorney. This is especially true if
the
police have taken you into custody in any
way.
The police DO NOT have to read you your
rights UNLESS they are
interrogating you while you are in actual
custody or under arrest.
The
police are allowed to mislead you during interrogation – they do not
need to live up to promises they make during interrogation (unless a
prosecutor is present and formally agrees). YOU have to know your
rights.
If you have been in an encounter with the police that has resulted in
your
arrest or you have been mistreated by the police, you need an
experienced
attorney to protect and advise you.
Violations of your rights can lead to the suppression (elimination)
of
evidence in a criminal case or the outright dismissal of the charges, and
can
also rescind (or undo) a DUI-related driver's license suspension. Not
every
violation of the rules is enough to impact your case. You need an
experienced attorney to evaluate and present your claims to the
Court.
Our attorneys have over 30 years of experience in identifying,
presenting,
and winning Constitutional claims in the trial and appellate courts. If
you
have been charged with a crime, are the subject of police interest or
have
been abused or mistreated by the police, contact us to discuss the
situation
before
you take any further action.
You deserve to be represented by the
best attorneys available. Give us a call
today.
