Graduation season can increase the possibility of an encounter with police and a potential arrest. The Orlando criminal defense lawyers at The Alers Law Firm can help you mount a vigorous legal defense
The law does not give police unlimited power to question, search or arrest you. Instead, the United States and Florida constitutions, as well as specific laws, afford you certain protections. If police have violated your rights, you can use this as a defense if you have been charged with a crime.
If you have been arrested, you need legal help immediately, and the experienced criminal defense attorneys at The Alers Law Firm are here to help. The first step that you should take is to reach out to one of our criminal defense lawyers for a free initial consultation.
What to Know About Police Encounters
Graduation season means celebrations and parties. You have worked hard to get where you are, and you want to enjoy the season. However, graduation festivities may also mean encounters with police when they are called to the scene. How you act during these encounters may impact your legal rights, especially if you are eventually charged with a crime. Here is what you need to know if you encounter police during graduation festivities.
You Have the Right to Be Free from an Unreasonable Search
The Fourth Amendment to the United States Constitution protects you from unreasonable searches and seizures. Police would need to obtain a warrant based on probable cause, unless certain exceptions apply. A police officer does have the ability to conduct a stop when they have reasonable suspicion of criminal activity. This is known as a “Terry stop,” and its scope is limited to what is necessary to investigate. However, the officer could develop probable cause during the course of the stop that could allow them to conduct a more extensive search. The officer can conduct a search pursuant to an arrest.
You should not give the police officer consent to conduct a search when they do not have a legal right to do so.
You Have the Right to Be Free from Police Brutality
Both the Eighth and Fourteenth Amendments to the United States Constitution, as well as federal and state civil rights laws, protect you from police brutality during an encounter. The police officer cannot deprive you of your civil rights under the color of law. The police officer can only use a measure of force that is reasonable under the circumstances. If the officer becomes violent when there is no immediate threat to their safety, it could be a violation of your civil rights.
You Have the Right to Remain Silent at All Times
There are numerous contexts in which police can restrict your freedom or try to speak with you, including the following:
- They can approach you to simply ask you questions
- They can conduct a Terry stop to perform an investigation when they have a reasonable suspicion of criminal activity
- They can arrest you
Under any circumstances, you are not obligated to speak to a police officer. It does not matter whether the stop is investigatory in nature, or if you have already been arrested. If the situation involves the latter, the police would need to read Miranda rights that inform you of the right to remain silent and your right to counsel. Police will not read your rights before that point, but you are still not obligated to answer their questions. You should affirmatively state that you do not intend to answer questions to protect your rights in the future.
Remain Calm at All Times
The last thing that you want is to give the police officer a reason to escalate the situation. They may claim that your behavior caused them to believe that their own safety was endangered. Further, your actions could potentially give the officer probable cause to believe that a crime has been or is being committed. As difficult as it may seem when you are dealing with a law enforcement officer who has the power to arrest, you must remain calm at all times.
If your legal rights have been violated, you have recourse. evidence, and even criminal charges, could be thrown out if you were the victim of an unreasonable search or arrest. Further, you could eventually file a civil rights lawsuit if the officer used excessive force.
Contact an Orlando Criminal Defense Law Firm Today
If you have been charged with a crime, you should immediately contact the Orlando criminal defense attorneys at The Alers Law Firm. We are available to speak to you at all times. You can schedule a free initial consultation by messaging us online or by calling us today at (407) 930-4888.
Attorney Chavelys Y. Alers was born and raised in Puerto Rico. She specifically grew up in the towns of Vega Baja and Dorado. Attorney Alers is bilingual, as she is fluent in both English and Spanish. Two decades ago, Attorney Alers migrated from Puerto Rico to the mainland United States, Central Florida. Learn more here.
