Understanding Your Rights During an Arrest

Being arrested or even stopped by the police can be overwhelming. You might feel powerless, but it's crucial to remember that you have rights. Understanding and exercising these rights can make a big difference in your legal defense.
attorney meeting with client at desk

Your Right to Remain Silent

One of the most important rights you have is the right to remain silent. The Fifth Amendment of the U.S. Constitution, along with Article I, Section 12 of the Utah Constitution, protects you from having to answer questions that could be used against you in court. When interacting with the police, you must provide your real first and last name. Beyond that, you can simply say, “I am exercising my right to remain silent and would like to speak with my lawyer.”

During a Traffic Stop

If you’re pulled over, you must show your driver’s license, vehicle registration, and proof of insurance. However, you don’t have to answer questions about where you’re coming from or going to. Passengers also have the right to remain silent.

At Home

If the police come to your home, you don’t have to let them inside unless they have a warrant. You can speak to them through the door or step outside briefly. You have the right to remain silent and decline to answer questions.

If You’re Arrested

If you’re arrested, remain silent while being taken to jail and during any questioning. Provide your real name but refuse to answer other questions or sign statements without an attorney present. Be cautious when making phone calls from jail, as these calls are often monitored.

Understanding Miranda Rights

You’ve probably heard of “Miranda Rights” on TV or in movies. These rights include the right to remain silent and the right to an attorney. However, police are only required to inform you of these rights when you are in “custodial interrogation” – when you’re not free to leave and are being questioned. If you speak to police voluntarily, they may not remind you of these rights, and anything you say can still be used against you.

Your Right Against Unreasonable Searches

The Fourth Amendment of the U.S. Constitution and Article I, Section 14 of the Utah Constitution protect you from unreasonable searches. Police generally need a warrant to search your property. There are exceptions, such as when evidence is in plain view or during a lawful arrest. If police ask for permission to search your vehicle or property, you can refuse. It’s best not to consent to any searches unless there’s a warrant.

Your Right to an Attorney

If you’re accused of a crime, having the right attorney is essential. The Sixth Amendment and Article I, Section 12 of the Utah Constitution guarantee your right to legal representation. If you think you might be arrested, consider consulting with an attorney beforehand. Memorize your attorney’s phone number so you can contact them if needed, and avoid answering police questions without legal advice.

Protecting Your Rights

If you believe your rights were violated, make sure to tell your attorney. Write down what happened, when it occurred, and the officers involved. A skilled attorney can use this information to challenge improper evidence and protect you from a wrongful conviction.

Be Respectful but Assertive

In any interaction with the police, it’s important to stay respectful and avoid resisting arrest. However, always remember that you have rights, and you should exercise them to protect yourself.

Originally Published: June 18, 2024

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