You have the right to know why you are being detained and what accusations are being brought against you (the crime for which you are being arrested). The police cannot simply arrest you without telling you these things.
However, there are situations in which telling you everything will put you in more danger. For example, if the police had told you the reason they were arresting you before you committed a crime, it might make you want to go ahead and commit that crime just so you could get out of there. Also, if telling you everything would jeopardize an investigation, then the police may choose not to tell you anything at all.
In any case, you do have the right to know why you are being detained. If the police don't tell you, you should ask them why after they've arrested you. Only then can they legally detain you.
There are times when telling you everything will put you in danger.
1. If an officer wishes to ask you questions other than your name and address, he or she must inform you that you have the right not to answer. 2. You have the right to know why you are being detained and what accusations are being brought against you (the crime for which you are being arrested). 3. You have the right to contact someone who can help you find an attorney.
Understanding Your Rights During Detention You have the option of remaining mute and refusing to answer inquiries. Anything you say might be used against you in court. You have the right to consult with an attorney before speaking with police, and you have the right to have a counsel present during interrogation now or in the future. If you cannot afford an attorney, the police can provide one for you free of charge.
You also have the right to refuse consent to search your person or property. Police may search you upon arrest, but only if they have reason to believe that evidence of crime will be found on your body. The police cannot search you without your consent unless they have probable cause to believe that you have committed a crime. The same rule applies to searches of your home or vehicle.
Once you are in custody, you are not required to talk to police officers anymore than is necessary to comply with their requests. However, anything you say can be used as evidence against you in court. You have the right to an attorney during interrogations and at other times while in custody.
There are several factors that may affect whether you should speak with police officers without a lawyer present. For example, you have the right to remain silent. If you choose to talk without a lawyer present, any statement you make can be used against you in court.
Many individuals assume that if they are detained and do not "read their rights," they would be able to avoid punishment. This is not correct. However, if the police neglect to read a suspect's Miranda rights, the prosecutor cannot use anything the suspect says as evidence against the defendant at trial for most purposes.
Individuals who are arrested without being read their rights can still receive some benefit from speaking with a lawyer prior to being charged. A criminal defense attorney can help such suspects understand their rights and know how to best deal with the police. However, absent these services, an unread arrestee has very little protection from abuse by the police.
The first thing officers should do when taking someone into custody is tell them why they have been arrested. Only after they have informed you of this fact should they begin asking questions. For example, an officer might ask, "Do you know where this incident occurred?" or "Who was involved?" If the person does not answer these questions, they have not committed a crime yet. Until this point, nothing the person says can be used in court as evidence against them.
Once again, the only exception is if the person confesses. The police can use this information to find witnesses and evidence that may not be apparent to the naked eye.
In a court of law, even the most innocent remarks concerning the circumstances that led to your detention might be construed unfavorably. It is preferable not to say anything than to say the wrong thing to the police. Dress modestly and comfortably when you arrive at the police station. Stay calm and try not to worry.
The police may ask you some questions about the incident that brought you into contact with them. Be honest but don't go into great detail. Avoid making statements that can be used against you in court. For example, if you are charged with assault, it isn't a good idea to tell the police that you were only defending yourself from an attack.
If you have been arrested, the first thing you should do is call a lawyer who will be able to advise you on what to do next. The police may offer you the opportunity to make a statement via video chat before taking you into custody. If you agree to this, do not leave town without telling your attorney first. He or she will know what kind of case they can build with your statement.
Hiring a call collector costs between $5 and $10 per call. You are expected to pay all of your own fees including storage, phone cards, etc.
When there is probable cause to arrest you, although police are not required to place suspects being detained in handcuffs or other restraints, they may do so if they believe it is essential for their own safety. Officers should use caution not to harm anyone by using excessive force.
Generally speaking, officers can use reasonable force to make an arrest. However, if the person being arrested does not pose a threat to the officer's safety, then the officer should use alternative methods to restrain him or her. For example, an officer could try to keep a suspect under control with just his or her body language, without using handcuffs or other restraints. If the suspect continues to struggle or attempt to flee, however, then the officer would be justified in using physical force to subdue him or her.
It is important to remember that even when officers have reason to believe that someone has committed a crime, they still must comply with any legal limitations placed on searches and seizures. For example, if an officer believes that you are armed and dangerous and therefore has reason to fear for his or her own safety, he or she could conduct a pat-down search of your outer clothing to look for weapons. However, if doing so violates your constitutional right against unreasonable searches and seizures, then the officer would have violated your rights.