If you find yourself being arrested for any number of charges, including DUI, possession of drugs, or domestic violence, it’s important to have an idea of what the police are permitted to do. Knowing what is permitted and what isn’t can help your lawyer as he or she puts together your defense.
First, be sure that the law enforcement officer reads you your rights before they begin to question you. This is required when an arrest is made. If the officer fails to read your rights, this can be a strong defense in court.
Remember to remain quiet. The less you say, the less incriminating evidence you give to the arresting officer. Just as the statement goes, anything you say can and will be held against you in a court of law. Don’t give them any more ammunition against you than they already have.
During and after the arrest, here are some things that an officer is permitted to do:
- Search your body and clothing
- Search your belongings
- Search your vehicle if you were in it when they stopped you
- Ask you to perform sobriety tests
- Fingerprint you
- Ask questions
- Put you in a line up with other suspects
- Ask you to provide a handwriting sample
- Ask you to sign a statement
There are incidents when an officer will ask for a sample of your breath, blood, semen, or hair. Some people refuse to comply with these requests. This might buy some time, but ultimately, an officer can request an order from a judge that would require you to provide those samples.
You may also be asked for permission to search your property. By denying this request, you force the officer to obtain a search warrant from a judge. This is also true if you are asked to submit to a drug test. If you refuse to take the test, the police may request an order from a judge that requires you to comply.
Always call an attorney! Once you have called an attorney, do not answer any other questions from the arresting officers until your attorney arrives. All conversations between you and your lawyer are fully confidential and cannot be used by prosecutors.
Criminal Law Attorney Charlie Naegle is experienced in defending those facing charges such as DUI, drug possession and many others. His understanding and knowledge of the legal system allows him to defend his clients successfully. Call Naegle & Crider Criminal Defense Attorneys today if you’ve been arrested and/or charged with any criminal charges.