The Fourth Amendment protects Americans from unreasonable searches and seizures. However, not everyone understands what this means in day-to-day life. As such, here’s what you should know about some of the most common encounters with police.

Consensual Encounters

During a consensual encounter with the law, you are not obligated to hand over your identification or submit to a search. Additionally, you may end the exchange whenever you wish. In other words, the officer cannot detain you. If you ask police for directions or police ask you where a suspect fled, it would be considered a consensual encounter. 

Investigative Detentions

A traffic stop is perhaps the most common example of an investigative detention. During these interactions, you do not have to submit to a search. Additionally, you have the right to remain silent. However, you must provide identification, and you are not free to go until the officer releases you. Because investigative detentions are more restrictive than consensual encounters, police cannot conduct them unless they have reasonable suspicion that a criminal offense has been, is being, or will be committed.

Arrests

Being placed under arrest is certainly intimidating, but certain constitutional rights still apply. One of the most important rights to exercise at this stage is remaining silent. Until you speak to an attorney, it is wise to politely decline questioning, and request to speak with your attorney. The government has the burden of proof in a criminal case beyond a reasonable doubt, and you do not have to provide proof by speaking with the arresting officer.

If you’re facing charges following an interaction with police, turn to a criminal defense attorney at Looney, Looney & Chadwell, PLLC in Crossville, TN. Since 1937, this full-service firm has been providing comprehensive counsel to clients throughout Cumberland County. When you turn to their knowledgeable lawyers, you can count on receiving personalized guidance for a reasonable rate. And because they offer a broad range of legal services, you can turn to them for virtually all your needs. To explore their practice areas, visit their website. To request a consultation with an attorney on their team, call (931) 484-7569.