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If an officer stops you, you have a right to ask whether you are under investigation for a crime. You may ask
why you were stopped. Also, you can ask if you are under arrest and, if not, whether you are free to leave. If the officer
suggests you are under investigation, then you have the right to decline to answer any questions. Ordinarily, you may be required
to identify yourself to the officer. If you wish, you may answer the officer's questions but it is usually not advised EVEN
IF YOU BELIEVE THAT YOU HAVEN'T DONE ANYTHING WRONG. If you do answer the officer's questions then you should remember that
whatever you say to the officer may be used against you (whether or not you give a formal "statement"), so long as:
- You were properly advised of your constitutional rights before making a statement; or
- You voluntarily tell the officer anything and you were not under arrest.
These rights, or "Miranda warnings" as they are sometimes called, are the result of a 1966 Supreme Court ruling. As a result
of this case, police must inform people accused of a crime of certain rights, which are:
- You have the right to remain silent. Anything you say or sign can be used against you in court.
- You have a right to an attorney of your own choosing. Your lawyer may be present before and during any questioning and
the making or signing of any statement.
- If you cannot afford an attorney, one will be appointed for you by the court, without cost to you. You have the right
to have this attorney present before and during questioning and the making or signing of any statement.
If a police officer obtains evidence against you in violation of this rule then the evidence is "tainted" and cannot be
used against you. Our lawyers often argue in court hearings that the evidence against our client was obtained illegally. When
the Judge agrees the case will usually get dismissed or reduced significantly. If you have questions about how the evidence
was obtained in your case, please call 1.877.258.9544 to schedule a free case evaluation.
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