Know Your Rights

If Stopped By The Police, Do You Know Your Rights?

Stopped by the Police?  Take back control by knowing your Constitutional Rights.
  1. You have the right to remain silent.  Remember, “Silence is Golden.”  You have no duty to aid the police in their investigation of you.  And this silence cannot be used against you.  If asked, you must give the police your name and other identifying documents such as your driver’s license, proof of insurance and registration.
  2. You have the right to an attorney during any questioning by the police.  You must make this right known to the officer.  You can do this by stating, “I will not be answering any questions without my attorney, Marc Lopez, present.”  
  3. You have the right to say “No” if the police ask to search your vehicle. Police Officers will often pull over people for minor traffic violations, such as speeding, and then request to search the vehicle.  Indiana Law is clear – Police Officers generally have no right  to search a vehicle if the only evidence of wrong doing is speeding or other traffic infractions.  Be aware that if you agree to allow police to search your vehicle, Police Officers will make every attempt to find incriminating evidence.  While you may think, “I have nothing to hide,” can you be absolutely 100% certain that not a single one of your passengers left anything incriminating in your car?  When was the last time you actually went through the entire contents of your vehicle?  Have you ever left your car unlocked?   Police Officers will often make claims that things will go “easier” if you give them consent to search your vehicle.  This is most certainly a lie – which Indiana law allows a Police Officer to make.  Police Officers often will try to strong arm a person into giving them consent to search a vehicle because they know a judge will not grant them a warrant.
  4. You have the right to say “No” if the police ask to search you.  A Police Officer may be allowed to do a pat down search of your body if the Police Officer reasonably feels he is in danger.  However, it is not reasonable for a Police Officer to feel he is in danger simply because a person committed a traffic infraction, such as speeding.
  5. If you are arrested, you still have the right to say, “No”, if the police ask to search any of your property.  If you are arrested, you have the right to consult with your attorney regarding whether or not to allow officers to search your property.

So what should you say if Stopped By The Police?

“On the advice of my lawyer, I respectfully decline to answer on the basis of the Fifth Amendment, which – according to to the United States Supreme Court – protects everyone, even innocent people, from the need to answer questions if the truth might be used to help create the misleading impression that they were somehow involved in a crime that they did not commit. I exercise my right to remain silent and invoke my rights Guaranteed under the Indiana and United States Constitutions.  I do not waive any of my constitutional or statutory rights.  I do not consent to anysearch of my person or property.”

More information on your Rights.

Do you know what to do if you are pulled over by the Police?  Find out here.

Do you know what to do if you have been drinking and driving? Find out here.