Montebello DUI Lawyers
- Rios & Bayard: Your Rights When Stopped, Searched or
Arrested by the Police
If You Are Stopped For Questioning:
You have the right to ask why you have been
stopped. Be respectful, however, or you could
help give the police a reason to detain you.
You have the right to refuse to answer
questions other than providing simple
information to identify yourself.
The police may "pat-down" your clothing if they
suspect you are carrying a concealed weapon,
but you have the right to refuse any additional
search.
You should not physically resist a search. If the
police will not allow you to leave after a sufficient
time has passed for them to investigate you,
you have the right to ask if you are under arrest
and why.
Even if you believe that you are being held
unlawfully, it is better not to try to escape or
physically resist. Usually, this will only get you
into more trouble.
If You Are Stopped In Your Car:
You have the right to ask why you have been
stopped.
You must show your driver's license and
registration upon request. If you are given a
ticket, you have the right not to sign it, but you
can be arrested if you do not sign it. Generally,
there is no good reason to refuse to sign the
ticket. You can fight the ticket later in court.
The police may set up systemic road blocks to
check the driver's license, vehicle registration
and sobriety of all oncoming drivers. Individual
officers may not at their own discretion make
random stops to check driver's license and
vehicle registration, unless they have a clear
suspicion that the motorist does not possess a
valid license or a car is unregistered.
If The Police Want To Search You, Your Home,
Your Car:
You have the right to be free from unreasonable
searches and seizures.
Generally, police need a search warrant to
search you or your belongings. Sometimes,
police can search without a warrant. These
situations include when:
1) You give your consent to be searched. You do
not have to consent to a search. Consenting to
a search can make it legal. You may tell the
police politely and clearly that you object to their
searching.
2) The police have probable cause. Probable
cause means that the police must have
trustworthy information that would lead a
reasonable person to think it is probable that
the search will uncover evidence of a crime or
contraband.
3) Police conduct a search of the person and
the areas within that person's immediate
control, including throughout the passenger
compartment of a car, following a valid arrest.
4) Search is motivated by an emergency
situation (e.g., to avoid destruction of evidence).
Your car can be searched without a warrant so
long as: the police have probable cause; or the
search takes place after a valid arrest; or the
driver is arrested and both driver and car are
taken to the police station.
The police can seize any objects appearing to
be weapons or anything in plain view, even if it
is inside your car or home.
If You Are Arrested Or Taken To A Police
Station:
If you are arrested, the police must tell you that
you have the right to remain silent and the right
to talk to a lawyer.
If you are arrested or taken to the police station,
you do not have to talk to the police without a
lawyer present.
You do not need to give information beyond
simple identification data, such as your name
and address.
Anything you say to the police can be used
against you.
Anything you tell your lawyer in private is
generally confidential and CANNOT be used
against you.
The police may NOT listen to a call to your
lawyer. If you are arrested, the police must give
you reasonable time and opportunity to
communicate with friends, family and an
attorney.
If you are arrested, you may ask to see a lawyer.
If you can afford a lawyer, you have the right to
contact the lawyer of your choice. If you cannot
afford to hire a lawyer, you have the right to a
free-appointed lawyer at "critical stages" in the
criminal proceeding. "Critical stages" are
determined by the nature of the proceeding and
the facts of the case. "Critical stages" are
generally all court appearances and custodial
interrogations.
If you are arrested, you have the right to be taken
before a judicial official, such as a magistrate or
a judge, without unnecessary delay and to have
a bond set. You do not have a right to an
attorney at this pretrial stage. You may ask to be
released upon your signature or for a low bond
to be set. You may tell the judicial official if you
are a local resident or have any ties to the
community.
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