Know Your Basic Rights Before Cops Take Advantage of Them:
Fifth amendment-Right to remain silent and have an attorney present during questioning?
· This must clearly be invoked by YOU! It does not apply to questions you answer during a none custodial detention. This means if you run off at the mouth to the cops before you are charged all you said can be used in court. (This is one of the biggest mistakes people make when talking to the police) Ask if you are free to leave and if you are do so, if not you do not have to answer any question from the police. Get an attorney if you cant afford one they must provide you with one.
Consent to Search
They will only ask you for consent if they have no probable cause to obtain a search warrant (Do not give up your rights, say NO!
· You do not have to give any consent to search and you can not be forced to consent, if the police intimidate or threaten you in to a search with out a warrant they are violating the law.
· Automobile Search may be done within the immediate reach of the occupants, for the possibility of weapons. There are many exceptions made for automobile searches including the smell of drugs etc. Many times police will claim this so beware of the super human police nose! There have been case were police claimed the smelt drugs one being a single joint in a camper being pulled by a truck, the joint was in a container? (Super human police snout) this person was found guilty and the court apparently believed this cop could smell that well?
One of the most informative videos on your rights, A must see!!!
The Citizen’s Guide to Surviving Police Encounters