How to Know Your Rights If You've Been Arrested for Drug Possession
Deny consent to a search., Ask if you are free to go., Know what else the police are permitted to do before and during an arrest., Be aware of when the police can arrest you., Make sure they read you your Miranda rights.The 5th Amendment protects...
Step-by-Step Guide
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Step 1: Deny consent to a search.
Your Fourth Amendment rights protect you against unlawful search and seizure.A search is lawful if you have consented to the search, the officer has a warrant, or the officer has a valid reason (usually referred to as probable cause or exigent circumstances).In the case of an officer coming to your door or stopping your vehicle without probable cause to search it, he or she must get your consent, in which case the officer will ask if you mind a search of the premises or vehicle.
You are within your rights to deny consent to the search respectfully.
An officer may ask what you have to hide or if they need to call in a drug-sniffing dog.
Simply say something to the effect of, “I know you’re just doing your job, officer, but I do not consent to any searches.” Since not consenting to a search is well within your rights, the officer will not have probable cause based on this fact alone.
Probable cause is much more ambiguous when it comes to vehicles than homes.
Everything the officer can see through the windows of your vehicle (or smell while talking to you in the case of many drugs) is lawful, and anything the officer perceives that arises further reasonable suspicion gives him or her probable cause to search the rest of your vehicle, including the trunk.
This is true of any motor vehicle from a motorcycle to an RV or a trailer. -
Step 2: Ask if you are free to go.
As the officer begins asking questions, respond by asking if you are under arrest, what the charge is, and if you are free to go.
The police can ask you any number of questions looking for probable cause to arrest you if they suspect you have been or are about to be involved in a crime.
If the police do not have a charge, and you are not under arrest, then they must admit that you are free to go when you ask.
If you deny consent to a vehicle search and the officer threatens to bring in a drug-sniffing dog, for instance, the officer would have to detain you long enough for the K9 unit to arrive.
Respectfully respond by asking the officer if you are being detained or if you are free to leave.
Never physically resist or fight the police.
Even while denying consent to a search or asking if you are free to go, do so calmly and respectfully. , The police can be intimidating.
You may feel tempted to simply agree to whatever they ask.
However, the police also have specific rules that govern what they are and are not allowed to do.
Being informed about those rules is crucial.
You don't want to make a fuss about their legal actions or stand by passively if they do something illegal.
Police are permitted to search your body and clothing.
This is called a “Terry Stop” or “stop and frisk.” It requires the police to have a “reasonable suspicion” that you have been or are about to be involved in a crime.Police may search your belongings.
Police may search your vehicle if you were in it when they stopped you.
While a traffic stop alone does not give the police probable cause to search your vehicle, what the officer sees as he or she looks in the windows, your conduct, and your answers to any inquiries can lead to a probable cause situation.
Police may ask you to perform a test, such as walking a straight line.
Police may fingerprint you.
Police may ask you questions, although, as explained in more detail below, you do not have to answer any questions.
Even if you request the presence of an attorney, the police can continue asking questions while awaiting your lawyer’s arrival.
Remember that you always have the right to remain silent.
Police may ask you to write or sign a statement, which you typically should not do without consulting a lawyer.
Police may ask you for a sample of your breath, blood, semen, hair, or handwriting.
If you refuse to provide a sample, they may request an order from a judge that forces you to give the samples. , You can be arrested under the following circumstances:
If they personally saw you commit a crime If they have probable cause to arrest.
This means they have a reasonable belief, based on facts and circumstances, that you have committed or were about to commit a crime.For example, if a police officer gets a call that a robbery has just occurred down the street from where you are, and you match the description of the suspect. , Police must read you your Miranda rights before holding you for questioning.The content of the Miranda warning is: “You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be provided for you.
Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”The police do not need to Mirandize you if they haven’t detained you.
Many officers will put off an official arrest while talking to you in order to get the information they want without having to Mirandize you.Information you freely gave prior to when the officer officially detained and Mirandized you can still be used against you.
This is why it’s so important to ask the officer if you are free to go.
If you are free to go, you do not have to talk.
If you are not free to go, the officer must officially detain and mirandize you.
Even if you say you want your right to have an attorney present, the police can still ask you questions.
Remember that you do not have to answer.
If the officers detain and question you without reading you your rights, they've made a big mistake.
Whatever you say can't be used against you in any court proceedings.
Use their failure to Mirandize you as part of your defense. , The first Miranda right is that you have "the right to remain silent." You should use it.
Though "remain silent" does not literally have to mean the silent treatment.
The quickest way to communicate your point to the police is to respond to every question they ask by requesting a lawyer or otherwise reiterating that you will not speak without the presence of legal counsel.
The police can use anything you say against you in a court of law.
But, they do not have to use the things you say to defend yourself.
Because they can cherry-pick what they want to use, it's best if you just stay quiet and wait for a lawyer.
Aside from a court order, the police cannot force you in any other way to talk to them or give them any sort of statement.
Even then, you can have your attorney present to assist you.
If this happens to you, tell your attorney as soon as possible.
Do not speak to anyone else with whom you are detained.
Police constantly use jailhouse informants to get information.
Do not say anything about your arrest or your case to anyone else in jail with you while you await arraignment. -
Step 3: Know what else the police are permitted to do before and during an arrest.
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Step 4: Be aware of when the police can arrest you.
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Step 5: Make sure they read you your Miranda rights.The 5th Amendment protects your right to remain silent and refuse to say anything that can be used against you.
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Step 6: Remain silent.
Detailed Guide
Your Fourth Amendment rights protect you against unlawful search and seizure.A search is lawful if you have consented to the search, the officer has a warrant, or the officer has a valid reason (usually referred to as probable cause or exigent circumstances).In the case of an officer coming to your door or stopping your vehicle without probable cause to search it, he or she must get your consent, in which case the officer will ask if you mind a search of the premises or vehicle.
You are within your rights to deny consent to the search respectfully.
An officer may ask what you have to hide or if they need to call in a drug-sniffing dog.
Simply say something to the effect of, “I know you’re just doing your job, officer, but I do not consent to any searches.” Since not consenting to a search is well within your rights, the officer will not have probable cause based on this fact alone.
Probable cause is much more ambiguous when it comes to vehicles than homes.
Everything the officer can see through the windows of your vehicle (or smell while talking to you in the case of many drugs) is lawful, and anything the officer perceives that arises further reasonable suspicion gives him or her probable cause to search the rest of your vehicle, including the trunk.
This is true of any motor vehicle from a motorcycle to an RV or a trailer.
As the officer begins asking questions, respond by asking if you are under arrest, what the charge is, and if you are free to go.
The police can ask you any number of questions looking for probable cause to arrest you if they suspect you have been or are about to be involved in a crime.
If the police do not have a charge, and you are not under arrest, then they must admit that you are free to go when you ask.
If you deny consent to a vehicle search and the officer threatens to bring in a drug-sniffing dog, for instance, the officer would have to detain you long enough for the K9 unit to arrive.
Respectfully respond by asking the officer if you are being detained or if you are free to leave.
Never physically resist or fight the police.
Even while denying consent to a search or asking if you are free to go, do so calmly and respectfully. , The police can be intimidating.
You may feel tempted to simply agree to whatever they ask.
However, the police also have specific rules that govern what they are and are not allowed to do.
Being informed about those rules is crucial.
You don't want to make a fuss about their legal actions or stand by passively if they do something illegal.
Police are permitted to search your body and clothing.
This is called a “Terry Stop” or “stop and frisk.” It requires the police to have a “reasonable suspicion” that you have been or are about to be involved in a crime.Police may search your belongings.
Police may search your vehicle if you were in it when they stopped you.
While a traffic stop alone does not give the police probable cause to search your vehicle, what the officer sees as he or she looks in the windows, your conduct, and your answers to any inquiries can lead to a probable cause situation.
Police may ask you to perform a test, such as walking a straight line.
Police may fingerprint you.
Police may ask you questions, although, as explained in more detail below, you do not have to answer any questions.
Even if you request the presence of an attorney, the police can continue asking questions while awaiting your lawyer’s arrival.
Remember that you always have the right to remain silent.
Police may ask you to write or sign a statement, which you typically should not do without consulting a lawyer.
Police may ask you for a sample of your breath, blood, semen, hair, or handwriting.
If you refuse to provide a sample, they may request an order from a judge that forces you to give the samples. , You can be arrested under the following circumstances:
If they personally saw you commit a crime If they have probable cause to arrest.
This means they have a reasonable belief, based on facts and circumstances, that you have committed or were about to commit a crime.For example, if a police officer gets a call that a robbery has just occurred down the street from where you are, and you match the description of the suspect. , Police must read you your Miranda rights before holding you for questioning.The content of the Miranda warning is: “You have the right to remain silent.
Anything you say can and will be used against you in a court of law.
You have the right to an attorney.
If you cannot afford an attorney, one will be provided for you.
Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”The police do not need to Mirandize you if they haven’t detained you.
Many officers will put off an official arrest while talking to you in order to get the information they want without having to Mirandize you.Information you freely gave prior to when the officer officially detained and Mirandized you can still be used against you.
This is why it’s so important to ask the officer if you are free to go.
If you are free to go, you do not have to talk.
If you are not free to go, the officer must officially detain and mirandize you.
Even if you say you want your right to have an attorney present, the police can still ask you questions.
Remember that you do not have to answer.
If the officers detain and question you without reading you your rights, they've made a big mistake.
Whatever you say can't be used against you in any court proceedings.
Use their failure to Mirandize you as part of your defense. , The first Miranda right is that you have "the right to remain silent." You should use it.
Though "remain silent" does not literally have to mean the silent treatment.
The quickest way to communicate your point to the police is to respond to every question they ask by requesting a lawyer or otherwise reiterating that you will not speak without the presence of legal counsel.
The police can use anything you say against you in a court of law.
But, they do not have to use the things you say to defend yourself.
Because they can cherry-pick what they want to use, it's best if you just stay quiet and wait for a lawyer.
Aside from a court order, the police cannot force you in any other way to talk to them or give them any sort of statement.
Even then, you can have your attorney present to assist you.
If this happens to you, tell your attorney as soon as possible.
Do not speak to anyone else with whom you are detained.
Police constantly use jailhouse informants to get information.
Do not say anything about your arrest or your case to anyone else in jail with you while you await arraignment.
About the Author
Nicole Pierce
Brings years of experience writing about practical skills and related subjects.
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