Kansas Your Rights Lawyer
What are my Rights?
The following information is not legal advice and is not a substitute for a consultation with an experienced attorney.
Do Not Leave Contraband in Plain View
Law enforcement officers must obtain a warrant before they can conduct a privacy-invading search. However, any illicit material that is plainly seen from a non-intrusive vantage point is subject to confiscation. Common sense; enough said.
Do Not Consent to a Search
Read and memorize: "I do not consent to a search of my person or property. I do not consent to this contact and do not want to answer any questions. If I am not under arrest, I would like to go now or be left alone." If an officer asks to search you or your property, the above should be your response. If a law enforcement officer asks for your permission to search, it may be because there is not enough evidence to obtain a search warrant or the officer does not feel like going through the hassle of obtaining a warrant.
Law enforcement officers are trained to intimidate people into consenting to searches. You may hear something like,"You don't mind if I search your car, do you?" Remember the scene from the movie Animal House where men are asked," Do you mind if we dance with your dates?" Who would say "No"? You must!
If you consent to a search, officers may search and seize items without further permission, and if they find contraband you will be arrested. If you do not consent to a search, the officer must attempt to get a warrant, and during that process, there is a chance you will be released from custody. Refusing to consent to a search does not give the officer legal grounds to obtain a warrant or detain you.
Do Not Answer Questions Without Your Attorney Present
You should always assert your right to an attorney then exercise the right to remain silent, whether or not you are "only" under investigation or arrested. Anything you say to law enforcement officers, reporters, cellmates, or even your friends and family, can be used as evidence against you. Jail personnel love to record conversations between inmates and anyone other than your attorney and provide these recordings to prosecutors.
Law enforcement often use the technique of reminding people that they are not under arrest and are free to leave, then continue on long line of questioning that leads to incriminating responses. Remember, you have the right to have an attorney present during questioning.
Ask if You Can Leave
Unless you are being detained, are in custody, or under arrest, you may terminate an encounter with law enforcement. If you cannot determine if it is appropriate to leave, ask, "Am I under arrest or otherwise detained?" If the answer is no, you are free to leave. If you are free to leave, then leave and call your attorney.
An officer can temporarily detain you, without arresting you, if he has "reasonable suspicion" that you are involved in criminal activity. Therefore, in order for the detention to be legal, the officer must be able to later articulate to a judge objective facts that would have caused a reasonable person to suspect that you were involved in criminal activity at the time you were detained. In addition, the officer may perform a "pat down" or "frisk" on you during the detention if he has reasonable suspicion that you are armed. During a pat down, an officer may only reach into your pockets if he pats something that feels like a weapon.
If an officer attempts to contact or question you, you should politely say: "I do not consent to this contact and I do not want to answer any questions. If I am not under arrest I would like to go now or be left alone." If you are arrested, you should again refuse a search of any kind and refuse to answer any questions. At this point, you should insist on speaking to an attorney as soon as possible.
Do Not Be Hostile or Physically Resist
It is foolish to physically resist or exhibit combativeness towards any law enforcement officer. There are times when individuals politely assert their rights and refuse to consent to a search but the officers nonetheless proceed to detain, search, or arrest them. In any case, it is important not to physically resist. Instead, reassert your rights.
Seek Counsel Before Informing on Others
Law enforcement officers and prosecutors often try to pressure individuals into providing information that would lead to the arrest and conviction of others. Threats and promises by police and prosecutors should be viewed with caution and skepticism. A decision to provide incriminating information against someone else should only be made after consulting with an attorney and examining one's own conscience. Law enforcement may only provide you empty promises in exchange for you putting your life on the line.
For a review of your rights as it applies to your case contact John at the Kerns Law Office in Lawrence, Kansas.
