Suspects Rights in Pennsylvania: What to Do

This article discusses a suspects legal rights during a police investigation or arrest and focuses on what you should do to assert and protect your rights. The goal of this article is to inform people of their general rights. It is a basis guide and not legal advice. If you have a legal question call Lampman law or consult with another criminal defense lawyer to discuss your case.

No one plans on having an encounter with the police or on getting arrested. Nevertheless, everyone should be aware of their rights in the event they are stopped or investigated by the police. Everyone should recognize that the police are doing a job they have been trained to perform. They understand the rules and do the job every day. Unless you study your rights, this process will be unfamiliar to you and you will be at an even greater disadvantage if you are in this situation.

It is important to remember that police officers are an extremely important part of our society-we all rely on them to protect us and to maintain order and the law. Police officers have a dangerous job and are on alert to prevent hazardous situations. While the majority of police officers are fair and want to do their job well, it is a difficult job and errors regularly occur without corrupt intent. However, it has been proven that bad cops exist and are a serious problem. Even if you feel that you are being wrongly investigated or are being treated unfairly you must keep the following recommendations in mind.

Think Clearly, Stay Calm, & Be Respectful

Think before you speak.

Do not get angry, it is the worst thing you could do. An encounter with the police is the worst time to be mad or to show you have a bad attitude.

Let the police clearly see your hands and make slow movements.

Remain Silent

If you chose to speak keep it limited to expressing your desire to remain silent, to speak to your attorney, and to assert your other rights. It is generally in your interest to give the officer your name and identification. Say, "I'm going to remain silent and want to speak with a lawyer." Then do not speak to anyone until you talk to your lawyer. You can wave your rights by speaking even after your express you desire to remain silent and speak with a lawyer if you continue to talk.

Don't try talking your way out of an investigation or an arrest. This is not the time to learn if you are persuasive. Don't argue your innocents. An arrest is not the time to argue your case. The judge is not present and the cops don't care that you think you're innocent.

Do not participate in an interview. Do not sign any statement the police wrote. Do not provide a written statement to the police.

Call a lawyer or call a family member and ask them to contact a lawyer for you.

Refuse Police Search Requests

If the police ask permission to search it most likely means that they do not feel they have the legal right to search and need your consent. Say no! Don't help them prove a case against you by consenting to an otherwise impermissible search.

Calmly refusing to allow any search may help your case even if the police ignore your rights and conduct the search anyway. Conversely, a search becomes legal once you consent give your consent to it. For the police to search you without your consent they must first have probable cause.

If you refuse a search the police cannot then legally search you. Refusing a search is not evidence of guilt and does not give the cops a right to search you because they believe you are hiding something.

Understand that the police can "pat down" your clothing for weapons to protect their safety; however, the search must be limited to feeling for objects that feel like a weapon. Object to any search that exceeds a simple weapon pat down.

Understand that the Police Can Legally Lie to You

Do not let false threats lead you to waive your rights.

The police will not always "go easier on you" if you talk to them. They will always tell you that though. Remember, the only guarantee is that it always makes the cop's job easier if you talk to them.

Ask the Police if You Are Free to Go About Your Business

Let the police know you want to end the encounter. If the police tell you that you are not under arrest then inform them you are ending the encounter. Be sure to then move away from the police in a reasonable manner.

What to Do If the Police Have a Warrant

Request to see the warrant. Have the police slip it under the door or hold it up to the window so you can see it. Carefully read it.

A search warrant permits the police to enter the address it lists. Further, it limits the search to the areas and for the items specifically lists. Thus, make sure it is accurate and know its limitations on the search.

An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside.

Normally, an arrest warrant is needed for the police to arrest a person at their home. However, when exigent circumstances exist and require immediate to prevent a suspect from hurting someone, escaping, destroying evidence or damaging property, then a warrant is not required.

Arrest warrants must be signed by a judge or magistrate that has been given sufficient facts to make a reasonable determination that the person named in the warrant committed the crime. Once a warrant is issued, an officer may arrest you even if they do not have a copy of the warrant. However, prior to entering your home, officers must knock and identify themselves and announce that you are being arrested. If you refuse to cooperate then forcible entry is legal.

Record the Police Encounter

Take notes on the time, date, and place of the incident as soon as possible when your memory of the event is fresh.

Describe the police officers involved including their names and badge numbers (request badge numbers by phone after incident so the officers aren't alerted to your investigation at the time of investigation or arrest-the officer may become annoyed if you request the badge number realizing you want to file a complaint.).

Get the names and phone numbers of any witnesses if possible.

If available get any photograph or videotape the incident.

File a formal complaint if your rights have been violated