| Your rights in a police encounter |
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| Tuesday, 23 November 2010 13:34 | |
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It is important to know your rights if you are stopped by the police. We’ve all heard the “Miranda Warning” read to that bad guy being arrested on cops shows from Hill Street Blues in the 1970s to Law and Order in 2009. In Miranda v. Arizona, the United States Supreme Court held that prior to any questioning of a person in custody, the police must advise the person of certain rights as follows: You have the right to remain silent. Anything you say may be used against you. You have a right to have a lawyer present while you are questioned. If you cannot afford a lawyer, one will be appointed for you. What else should you know in a police encounter? The NAACP has provided a reference that is detailed below: Do’s and Don’ts If You are Stopped By the Police 1. Do ask for a lawyer immediately upon being arrested or being placed into custody. 2. Do stay calm and keep your emotions from getting the best of you. 3. Do carry identification with you at all times and be prepared to produce it. 4. Do keep your hands were the police officer can see. 5. Do take photographs if you are injured and seek medical attention immediately. 6. Do remember the police officer’s name, badge number and any witness information. 7. Don’t run 8. Don’t touch the police officer 9. Don’t make any statements about the incident without first having spoken to an attorney. Remember, anything you say will probably be held against you. If You Are Arrested or Taken to a Police Station 1. As mentioned above, you have the right to remain silent and to talk to a lawyer before you talk to the police. You should only tell the police your name and address. Do not attempt to give any explanations, excuses or stories.
2. Ask to see a lawyer immediately. If you can’t pay an attorney, you have the right to a free or low cost attorney, and you should ask the police how the lawyer can be contacted. 3. Within a reasonable time after your arrest, or booking, you have the right to make a local phone call. The police may not listen to the call to the lawyer.
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| Last Updated on Wednesday, 15 June 2011 16:24 |




