Arrests & Searches - Legal Advice, Legal Help, Legal Aid - Free Legal HelpThe topic of arrests and searches is one which is broad and goes into many fields of law including the rules of evidence.In order for a search to take place there must be reasonable cause that a crime has been committed. Often times a terry frisk or a search over the clothing is performed "for the protection" of the peace officer during stops and it is the right of the officer in pretty much any event (under the justification that there was reason to believe you had a weapon). Terry frisks are generally never questioned so long as the officers stays on the outer layer of a subjects clothing. One needs to always ensure that this is the case and that the police does not delve into any of your pockets in search of evidence. If a police is about to pat you down it is always advisable to state that you would like them to limit there search to a terry frisk. So long as there is no evidence of a crime they can and must respect your wishes. In the event you are arrested for a crime, remain silent and the police will likely have the right to search you and your car. The best thing you can do at this point is remain silent. If something is found, remain silent. It is your right. On that note, you should always limit you interaction/conversation with a peace officer when you suspected that you are being investigated. A simple way to get out of an investigation is to ask an officer if you are free to go. If you are, leave. There is not evidence to arrest you can they are likely trying to get you to incriminate yourself, something that they are trained to do and are often successful at. Be safe and realize the job description of a peace officer entails investigation, arrest, and using everything you say AGAINST you (never for you) in a court of law in order to aid the DA (District Attorney) in you prosecution. |
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