The current era, unfortunately, witnesses severe police brutality and injustices from law enforcement personnel. A vast number of cases are being reported worldwide where people are wrongfully detained and arrested.
Most people are unaware of their fundamental constitutional rights and applications in emergencies. Especially when interacting with law enforcement, it is crucial to understand what to say and what not to say.
Having an attorney is a blessing in such interactions with law enforcement officers. People who get themselves into wrongful accusations and unjust detainments can avail themselves of the help of a respected law firm.
It is not ideal to interact with law enforcement officers without thinking twice. Because whatever a person is saying to an officer can be held against them in court. So, it is high time you know at least six essential questions to ask when interacting with law enforcement.
Question 1: Am I Being Detained?
Once the officer’s credentials are confirmed, it is crucial to understand whether or not you are under detainment.
- Detaining is when a law enforcement officer asks an individual to remain in a specified location until and unless they give further instructions.
- A law enforcement officer can exercise detainment in the police vehicle, police station, or any other spots where police can keep track of the individual.
- Detainment does not mean arrest. When a police officer detains a person, they will be then the responsibility of the officer until they are released.
- When a person is detained, law enforcement officers can search or investigate the individual’s vehicle, belongings, etc.
- If the police officers can’t find anything suspicious during the detainment investigation, the detained individual is usually free to go.
Asking whether or not you are under detainment helps you understand the rights you have and have not. If they answer that you are not in detainment, you can demand to let you go as they don’t have any right to keep you without a detainment.
Question 3: Why Am I Being Detained?
If a law enforcement officer answers that you are detained, the next best follow-up question would be “Why?”. Because you must understand whether or not they are detaining you for a legitimate reason.
This follow-up question is fundamental because of the recent racial injustices, hate arrests, etc., happening around law enforcement. The officers are not supposed to detain you just because they feel so.
They have to have a solid reason for the detaining. You have to ask for the reason and listen to their explanation attentively. Because you have to have as much information about the situation you are in for your next steps.
Question 4: How Long Am I Detained For?
First, there are no hard-set rules on how long a law enforcement officer can detain an individual. It usually depends on the situation and the suspicion that the officer has against the individual.
So, the bottom line is that you may or may not get a solid answer to this question. Even if the officer does not answer you, it is essential to understand that they can’t detain you for an unreasonable time.
You have to give the officers enough time to verify and clear their suspicions regarding you. If they fail to inform you how long you will be detained, note their behavior and communicate it with your attorney.
Question 5: Am I Under Arrest?
If the officer does not clearly answer how long your detainment will last, it is better to ask them whether you are under arrest. Knowing whether they have moved you from detainment to arrest is essential because they can only arrest you with a strong reason.
So, if you are under arrest, you are getting into a somewhat serious situation. It is advisable not to talk too much to the officer at this point. So, it is better to get the help of your attorney to take care of the rest of the procedures.
Question 6: Can I Speak to My Attorney?
According to the Constitution, everyone can have an attorney during legal proceedings. So, getting your attorney’s service is advisable whenever you encounter a complex interaction with law enforcement.
When you ask for permission to involve your attorney, the officer may distract you with other questions. But try not to panic, give basic statements, and repeat your need to involve your attorney.
If the officer denies you from talking to an attorney, try not to get into arguments. Instead, you can explain to him that you have the constitutional right to speak to an attorney. If the officer still refrains from getting your attorney, note it and bring it up during the later court proceedings.
Firms like Twibell Pierson Criminal Law provide the top criminal defense lawyers in the industry. They defend their clients through all thick and thin, including assault charges, DWI defense, drug charges, traffic charges, charges of sexual assault, record expungement, federal charges, municipal charges, etc.
The extensive knowledge in the criminal law field and years of experience enable the Twibell Pierson Criminal Law team to serve their clients the best. Their transparent fee packages, personalized attention, results-driven defense strategies, etc., have made them the best in their niche.
Clients can contact the Twibell Pierson Criminal Law team at https://twibellpierson.com/.
