The police didn’t read me my rights. Isn’t that against the law?
You may be surprised to learn the answer to this question is no. This is only a myth that if your rights aren’t read by an officer, then your case will be dismissed.
The only time an officer must read the Miranda rights to a suspect is: (1) the person has been placed under arrest, AND (2) the officer is about to question the person about a crime.
If you’re arrested, don’t expect the police to inform you of your legal rights. Remember that anything you say can and will be used against you in court. You have a right to legal counsel. If you can’t afford one, a lawyer will be appointed by the court. Don’t say anything you’re not comfortable with unless you have a lawyer present. This is the best advice to take if you’re under arrest.
The police have knocked on my door. Should I let them in?
Unless the police have a search warrant and prove it to you, you don’t have to let them into your home.
The 4th Amendment requires police to get a signed search warrant from a judge to legally enter and search a private residence. If you invite them into your home, they have the right to search your personal belongings. If they find anything illegal they can seize the evidence and arrest you.
Instead, you can talk to them through the door or the opening protected by your chain lock. If a forced entry looks imminent, you should meet them outside after exiting through another door. Or you can simply not answer the door. Unless they have a warrant, they will eventually leave.
What are my rights when marijuana is legal?
Now that marijuana is legal in many states, the laws regarding the substance have changed. As long as the amount of marijuana you’re in possession of is permitted, it is no longer “probable” that this possession is indicative of an illegal act.
The legalization of marijuana will very likely be held by the courts to limit not only the ability of officers to arrest people for pot, but also the ability to look for it in the first place. That’s exciting news for all the non-pot-smoking people out there who are sick of being searched for pot. Despite the drug being legalized, you still aren’t allowed to smoke pot in public.
On what grounds can the police stop and search me? An officer must have reasonable grounds for suspicion that the person is in unlawful possession of, or has unlawfully obtained an article, is a terrorist, or to prevent an act of terrorism.
Having previous convictions is not grounds enough for reasonable suspicion. Also, to avoid discrimination, it cannot be formed on the person's age, race or sex alone.
An officer must comply with several guidelines prior to and during a stop and search.
The officer must tell the person the grounds for the search.
The officer must inform them of the object of search (to find drugs, offensive weapons, etc).
The officer must show the person their warrant card if in plain clothes.
The officer must tell the person their identity.
The officer must also tell the person to which station they are attached.
The officer must tell the person that they are being detained for the purpose of the search.
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