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With crime dramas on television that star police officers and detectives who “play by their own rules,” it becomes more a part of the culture to accept this as the way things actually are supposed to happen. It has been shown in court that jurors suffer from the ‘CSI” affect, meaning they believe that the defendant isn’t proven guilty until all forensic evidence is exhausted. They don’t realize that this, in many cases, is unnecessary and, in many cases, impossible.
But with three Law and Orders and three CSIs, along with Cops and America’s Most Wanted, people are often shown examples of police intimidation and harassment presented in a positive light. Possibly because of this, the number of people who actually know what their rights are isn’t high.
“If a cop asks to search my car, I have to let him.” Said Stephanie Vasquez, 22, a recent high school graduate and new car owner. “If I tell them they can’t, its, like, probable cause. And they suspect me more.”
This however is inaccurate. Many people feel the same way however. The rights of the people may even being weakened by the Supreme Court. Recently the Supreme Court was deciding whether the fifth amendment says that coercive interrogation is illegal, or does it simply mean that confessions obtained are inadmissible.
In a time of stress and fear, emotions often associated with encounters with police, it is common for people to react in a way that is detrimental to their own good. As exhibited on shows such as Cops and America’s Most Wanted. It has been found that many people don’t actually know their rights, or how to act when interacting with the police. A person having comprehensive guide to their rights can keep them from incriminating themselves or being arrested on charges even worse then those they were originally detained for.
The ACLU has had a guide to your rights that it has been distributing for years. The one guideline that appears most frequently is to be respectful of the officers in the sense of not “bad-mouthing” them or arguing with them. Also, give them no reason to think you are a threat to their well-being. Make no attempts to physically resist, or run away. The first six basic rules all deal with this.
“Think carefully about your words, movement, body language, and emotions. Don’t get into an argument with the police. Remember, anything you say or do can be used against you. Keep your hands where you can see them. Don’t run, and don’t touch any officer. Don’t resist even if you believe you are innocent. Don’t complain on the scene or tell the police they’re wrong or that you are going to file a complaint.”
Another reason that a person should be very aware of what he or she says is because of the fact that anything you say can be used against you. This includes any verbal consent to search your vehicle, any admittance to a crime, or any arguing with a police officer that could be used to file charges of resisting arrest.
Every scenario of police interaction has its own rules and, by extension ,you have different rights, but they all stem from the Miranda rights. They are, essentially, he or she has the right to remain silent. Anything he or she says can be used against him or her in a court of law. He or she has the right to an attorney. If he or she cannot afford an attorney, one will be appointed to him or her.
The Miranda rights come from the case of Ernesto Miranda, who was arrested in 1963 for stealing eight dollars from a bank worker. Under interrogation, he confessed to the crime, and also confessed to kidnapping and rape of an 18-year-old girl. However, since he had not been informed that his confession could be used against him and he didn’t have a lawyer, he was granted a right to a new trial, and the case established the Miranda rights for people accused or arrested for crimes.
A person who is arrested or detained has the right to refuse to answer any questions the police ask. However, in some states, a person must provide their name or they can be arrested for refusing to provide it. Other then that, and possibly their addresses, no other questions are mandatory.
This is also true if you have been arrested and are currently being interrogated. A person who has been arrested has the immediate right to request a lawyer, or call a lawyer, before any questioning takes place. If a person cannot afford a lawyer, then they have the right to request a state-appointed lawyer for no charge. These are known as state defenders. Also, within a reasonable amount of time after being arrested, a person must be allowed to make a local phone call to anyone they want. If this call is to the person’s lawyer, it is unlawful for the police to listen, and inadmissible in court as any kind of evidence.
The fourth amendment says “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”
This means that a person has the right to refuse to consent to a search of their property, either their house, their car, or their workplace, without a search warrant. However, if there is probable cause, such as screaming coming from within a domicile, or drugs and paraphernalia are laying in open view. In cases such as this, any materials or evidence deemed pertinent can be held until an official search warrant is issued.
However, without probable cause and with out a search warrant, any evidence obtained is inadmissible in court. A police officer who pulls a person over has the legal right to “pat down” the person to see if he or she is in possession of any firearms or weapons that could be harmful to officers. But a person should make it clear that they consent to no further searching. However, if a search warrant is obtained, a person should make sure to actually see it, and if it is a warrant, he or she should keep from interfering at all or they could be arrested.
The ACLU has a few other tips, separate from your rights that may prove useful to a person in court or with their lawyer. The guide says, “Remember the officer’s badge and patrol car numbers. Write down everything you remember ASAP. Try to find witnesses and their names and phone numbers. If you are injured, take photographs of the injuries as soon as possible, but make sure you seek medical attention first.”
-Robbie Capek
