Getting arrested or even stopped by the police can be extremely stressful and a difficult situation for people to handle. Ensuring that you don’t end up doing something silly and that you can stay calm throughout, is the best way to approach things. So, what are your rights when you get arrested?
You will have seen it in films, people getting rights read when arrested, but do these actually represent the under arrest rights of a normal American citizen? What happens when you are arrested? When can police arrest you and what sort of constitutional protections exist to ensure you can’t be the victim of someone wrongly assuming you have committed a crime.
Can Police Arrest You For No Reason?
Fortunately for those who are concerned about your rights when arrested and whether police might just want to pick on you for no reason, there are some rules that protect you. Your rights state that you cannot be arrested for no reason.
So, when can police arrest you? The police will either need a warrant, which has been approved by a state court, or they will need what is called “probable cause”. This is a big part of your under arrest rights. Probable cause is when the officer has a reasonable basis to consider a criminal activity that has taken place and that you are culpable. If you are arrested without probable cause then a false imprisonment lawyer can help you to get justice.
What Does Police Say When They Arrest You?
You will have your rights read when arrested. This is the speech we all know from the movies, but it is real and constitutionally required.
State-by-state, you might hear a slightly different warning when you are read your rights when arrested, but normally, the script is something like this:
“You have the right to remain silent and refuse to answer questions. Anything you say may be used against you in a court of law. You have the right to consult an attorney before speaking to the police and to have an attorney present during questioning now or in the future.”
This is a brief overview of your rights. It gives you an indication of what you are able to do, for instance, the right to remain silent means that you don’t have to tell an officer what you are doing or where you are going. You are also entitled to a criminal defense attorney. There are some other protections in place for people when they are arrested.
Your Constitutional Rights Upon Being Charged
You have the right to an attorney throughout. A false imprisonment lawyer might be the best option for you in this scenario but even if you can’t afford a lawyer, the state will assign one to you as this helps ensure a fair trial.
Unless you are at a border or in an airport, you don’t have to comment on any questions on whether you are a citizen of the USA or where you were born. Police officers should not ask you this.
There have been some incredibly high-profile cases of rights not being observed by police officers, so what should you do if you have any indication you’re under arrest rights have been violated and that you might have a case? Besides getting a great false imprisonment lawyer, there are things you can do yourself.
Make sure that you make a note of any information you can remember or get hold of such as the numbers of any patrol cars involved and the officer’s badges. If you can get witnesses to provide contact details, do so.
Take photos of any injuries and also get medical help straight away so that injuries are seen to, but also a third party professional sees your injuries.
From here, you can file a written complaint and seek the advice of an attorney.
Unfortunately, there are still instances of police officers not abiding by the rules which are set out to protect US citizens. If you fall victim to an officer not respecting your rights when arrested then you may have a legal case to file against the police. You have protection in the constitution to ensure that you are fairly treated through any legal proceedings.