If you are stopped by law enforcement, you must carefully follow all instructions the officer gives to you. Try to make no unnecessary moves, and keep your hands in clear view. The key is to put both your hands on the steering wheel. Speak only when asked questions, and then keep in mind your right to remain silent.
Remember You Right To Remain Silent:
If you are stopped by law enforcement, keep in mind the Miranda warnings made popular in television programs:
"You have the right to remain silent, Anything you say can and may be used against you in court, You have the right to an attorney before and during any questioning, If you cannot afford an attorney, one will be appointed to assist you." Many people feel they can easily handle any contact with law enforcement and try and to answer all of their questions, but in fact these contacts are most often filled with surprise, fear, confusion and many other forms of severe discomfort that typically affect human decision making capabilities. Additionally, if you are questioned by law enforcement, it is important to keep these rights in mind, and to invoke the rights as soon as possible. State clearly that you wish to have an attorney present at all times before and during any questioning they might have. If law enforcement continues to question you after you have requested an attorney, you must repeat your request for an attorney and otherwise remain silent.
What happens If You Are A Minor?
If you are 16 years old or less, you must request law enforcement to contact your parent or guardian, and wait until your parent or guardian arrives to where you are being held, before you answer any questions. Again remember your Attorney rights and should also request law enforcement to have an attorney present before and during any questioning, regardless of whether your parent or guardian is present.
Law Enforcement Must Advise You Of Your Rights
In order for an officer to question you, he must advise you of your rights. Law enforcement’s duty to advise you of your Miranda rights is limited. If you are “in custody” or being detained and are being questioned, the police may have to advise you of your rights. HOWEVER, you must not rely on the police advising you of your rights because there are many situations where law enforcement is NOT under a duty to make these advisements. The fact that law enforcement does not advise you of your rights does NOT render the arrest unlawful. You are under no duty to answer any questions except your name and address.
Does law Enforcement Have the Right To Search You?
Law enforcement is under NO DUTY to advise you of your rights in order to search you or your property while being detained or in custody. However, law enforcement can only search you or your property under certain circumstances. These circumstances are very limited. This area of the law is very complicated and you should check with an attorney about your particular situation at the time of the detention or arrest. While you do have the right to refuse to be searched or have your property searched, there are situations where law enforcement can search you or your property without your consent. Again this is complicated and every situation is different. You should make it clear to law enforcement that you do not consent to the search if asked for permission, again the answer is no. If law enforcement has a search warrant, ask for a copy of the warrant.
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