This Edition of Tessmer Tips deals with what happens if you are ever arrested.
When are you under arrest?
When
law enforcement officers take you into custody or deprive you of your freedom
in a significant way in order to hold you to answer for a criminal offense. You
may be under arrest even though the word “arrest” has not been used.
What are your rights when
questioned by police?
We have all heard them on TV and in the movies. You have
the right to remain silent, to decide to stop answering questions at any time
and the right to speak to an attorney.
What are you rights after an
arrest?
You have the right to know what you are being charged with and the
right to telephone someone after you are booked.
Can you be detained without being
arrested?
Yes. If there is reasonable suspicion that you are involved in
criminal activity, police may require you to identify yourself and explain our
presence there. The officer may perform a limited “pat down” to check you for
weapons.
Can you be arrested without a
warrant?
Yes. If a police officer is informed by a credible person that a
felony has been committed and that the offender is about to escape, there is no
time to get a warrant.
Can an officer use force in
making an arrest?
Yes. A police officer may use all reasonable and necessary
force to overcome resistance to make a lawful arrest.
When can you be searched in
relation to an arrest?
If arrested at home, officers may conduct a limited
search of the immediate area where you were arrested without a search warrant.
They may check the rest of the house for any accomplices. They may seize
contraband, stolen property, or evidence that is in plain view.
Can your car be searched in an
arrest?
If you are arrested while in your car, officers may make a limited
search to discover any weapons. They may not make a general search of your
vehicle unless there is probable cause that you are carrying evidence of a
crime or contraband. If a search is requested, you do not have to give consent.
What generally happens when you
are arrested?
You are taken to a police station or jail and given the
opportunity to contact an attorney. You will be advised as to the charges
against you and you may be required to participate in a lineup or give a DNA
sample. You will be fingerprinted and photographed.
What happens to my personal
property I have with me if I am arrested?
If you are booked into jail, the
police will take any money and personal effects from you for safekeeping. They
will inventory your money and belongings and give you a copy of the inventory.
When you are released, any property not seized as evidence will be returned to
you.