Share:

When you're pulled over the police, you may be tempted to be as cooperative as possible to persuade officers to be as lenient as possible. However, this is often a mistake, and can cause you to unknowingly surrender the legal rights that may have protected you. The Law Offices of Lawrence W. Henke, III, a personal injury and criminal law attorney in Dayton, Ohio, recommends keeping your rights in mind if you're pulled over to prevent illegal search and seizure.

If you're stopped by a police officer, you have the right to:

  • Remain Silent: Officers may appear to be engaging in friendly conversation, but their questions are usually intended to uncover probable cause for a search. Beyond identifying yourself and showing your driver's license, you aren't required to answer any questions, and it's usually in your best interest not to.
  • Leave: If you aren't being arrested or detained, the police have no reason to keep you. Ask first if you're free to go. If they refuse, find out why.
  • Refuse A Search: Under the Fourth Amendment, the police aren't allowed to search your vehicle without probable cause. Unless there's reasonable suspicion of a crime, evidence in plain view, or suspicious behavior on your part, they'll have to get a warrant.
  • Have Legal Representation: As soon as you're arrested, ask for an attorney and refuse to answer any questions. The police and prosecution have years of experience dealing with the legal system, and you deserve the same advantage on your side.

Visit the Law Offices of Lawrence W. Henke, III online to learn more, or call (937) 461-9330 to schedule a consultation with an attorney today.

tracking