Hi there,
I have a question about my rights:
What rights do I really have when I get stopped by a police officer for any reason?
I am asking, cause you always hear people say: "I know my rights, man!" So, I am wondering what are those RIGHTS?
thank you
2006-09-19 12:59:40 · 16 answers · asked by Dana B 1 in Politics & Government ➔ Law Enforcement & Police
1. The right to remain silent.
2. The right to ask him or her why they stopped you.
3. The right to tell them they may NOT search your car (if asked).
Caveats: You may get the ride to jail anyway. These rights apply in court. Anything in "plain view" is cause to lose these rights. Any legal reason for stopping you (speeding, taillight out, etc.) can lead to cause for search if you act "suspicious."
2006-09-19 13:05:59 · answer #1 · answered by ? 7 · 1⤊ 0⤋
Generally, a police officers can stop you for any reason or no reason, and require you to identify yourself. In most states, the officer can also require you to show ID if they have any reason to believe that's relevant. The specific rules for this vary by state.
A police officers can detain you for longer, and ask more questions, based on a reasonable suspicion (more than a hunch) that you have committed a felony, or that you are committing or soon will commit any crime (felony or misdemeanor).
A police officer can frisk you if they have reasonable suspicion that you are armed, or carrying obvious contraband.
A police officer can arrest you and search you if they have probable cause, based on specific articulated facts, that you have committed a felony, or that you are committing or soon will commit any crime.
A police officer may also ask you for your consent, to search your person, your car, your property. You have the right to refuse that consent. Do it politely, and don't annoy the police. Because if you are belligerent or threatening, that might arguably give them reasonable suspicion that there are grounds for more in depth inquiry.
It's amazing how many of the answers above are so wrong. Miranda rights are not listed in the 5th Amendment. They were created by the Supreme Court in the case Miranda v. Arizona. Nor are they required when you are arrested.
Miranda rights (remaining silent, attorney, etc) only apply if you are subject to interrogation or questioning after being arrested, called "custodial interrogation". And the only penalty for violating those rights, either not informing a suspect of them or disregarding the rights after the suspect asserts the rights, is that anything said cannot be used as an admission. That's it.
2006-09-19 13:07:00 · answer #2 · answered by coragryph 7 · 3⤊ 1⤋
As a LEO I am not sure what rights they are referring to. It's a pat answer given by idiots who really don't know what they are talking about. It's a product of too much CSI, Miami Vice, etc.
The rights that you have when you encounter the police and it is only in effect when you are in custody (you are not free to leave) is the right to remain silent.
Contrary to popular belief the police may stop anyone at anytime for any reason to talk. It is your decision if you remain to talk with them. Furthermore, they can ask you any question they want to. Again it is your decision to answer it.
Keep it in mind that if you are found behind a closed business at 3am you better have a good reason when you are stopped. The reason better not be "It's a free country."
2006-09-19 13:46:40 · answer #3 · answered by Eddie 4 · 1⤊ 0⤋
the overarching theme when people say they know their "rights" about the police is the sorry, 4th amendment to the constitution, which says
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized".
That's the basic thing. I cannot tell you what this means, exactly, because every jurisdiction has decided to define it in their own way, through the cases that happen in court.
PS, Laffy P is out of his tree, the fifth amendment does NOT have the miranda warning written into it! LOL
2006-09-19 13:07:52 · answer #4 · answered by Anonymous · 0⤊ 1⤋
Your rights? Hmm. I know about the cop's rights. You have to "surrender" your drivers license and step out of the car at his request, otherwise you can be in a heap of trouble for failure to cooperate. They always say "you have the right to remain silent" but that is your Miranda rights and I don't know if that applies before or after you are arrested. Captured military used to be instructed to give their captors only name, rank, and serial number. Interesting question and I'm sure someone knows much better than I do.
2006-09-19 13:07:58 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Usually, that applies to being actually arrested. A cop can pull you over for anything they think is suspicious. If you're arrested, they have to read you your rights...which I'm sure you've heard in the movies a million times.
"You have the right to remain silent. Anything you say, can and will be held against you in a court of law. You have the right to an attorney. If you can't afford one, one will be provided for you." I don't know the rest, lol !
2006-09-19 13:01:29 · answer #6 · answered by Lisa E 6 · 1⤊ 0⤋
You have the right to remain silent, if you give up that right anything you say can be used against you in a court of law. You have the right to have an attorney present during questioning. If you can't afford an attorney one will be made available. if arrested you have the right to make one phone call .
2006-09-19 13:10:44 · answer #7 · answered by Master Sado 2 · 0⤊ 1⤋
Besides your miranda rights, the only right you retain that the police can not or do not have a way to legally violate or circumvent is to have any/all the officers names and badge numbers.
2006-09-19 13:06:49 · answer #8 · answered by koolkeiff2 3 · 0⤊ 0⤋
as an example: you are pulled over for speeding 10 mph over the limit. the cop asks do you know how fast you were going? he never would have asked the question if he didn't know the answer. your answer determines your fate.if you are an ****** you will probably get several tickets, your car towed and a trip downtown in a nice pair of bracelets. if not and you have license and insurance you probably just get a warning.
2006-09-19 19:30:51 · answer #9 · answered by Anonymous · 0⤊ 0⤋
What your rights are on paper and in theory are significantly different than what happens when you are dealing with a law enforcement agent.
Avoid contact with these persons!
You have the remain silent (permanently)
You have the right to an attorney (thanks)
You are innocent until proved guilty (yet can be incarcerated in very inhumane conditions for longer than you want to be).
You have the right to a speedy trial (pack a lunch, it could be a long one).
You have the right to be anything but free.
2006-09-19 13:14:35 · answer #10 · answered by JFC I No 3 · 0⤊ 2⤋