DO YOU HAVE TO COOPERATE WITH THE POLICE WHEN STOPPED FOR A DUI?

Sep 2, 2016 @ 05:07 PM — by Myles L. Berman

Being stopped by police can be a very unnerving situation. The flashing red and blue lights alone can cause someone to panic. The panic can be extreme when the person believes that the police officer wants to investigate that person or arrest that person for committing a crime. When panicked while being detained by an officer, one of the hardest things to do is maintain your composure throughout the interaction.

However, as difficult as it is to maintain your composure it is good to know your rights and responsibilities when interacting with the police. A person needs to know when he or she is required to speak and when he or she has the right to remain silent. Knowing your rights can help you protect your legal interests as well as set the tone for your interaction with the police officer.

Once a police officer pulls a person over he has infringed on that person’s constitutional rights under the 4th Amendment against unreasonable searches and seizures. Once a person is detained by the police he or she is seized and cannot freely move about. The police need to have a proper legal basis to detain or arrest a person. It is not a good idea to try to avoid the detention or arrest because you do not think the police have that right. Usually the best time to argue against detention or arrest is at a later date in front of a judge or magistrate.

Are you required to tell police if you consumed an intoxicating substance? Most people are aware of the right to remain silent and not state anything that can be used against you. The best thing a person can tell an officer when the officer requests incriminating statement is that the person chooses to exercise his or her right to remain silent.

The effect of exercising one’s right to remain silent is that it prevents the police from getting any information from you that can be used against you. The right to remain silent needs to be distinguished from the act of giving police false information. You cannot give the police false information to prevent the police from getting any information that can be used against you. Giving police false information sometimes results in charges of interference with the officer’s investigation. Additionally prosecutor’s use it for consciousness of guilt.

In conclusion, there are many constitutional rights that become compromised when investigated and arrested by the police. A person must be careful in knowing which rights he or she can assert and in what manner those rights should be asserted. I hope you found this blog helpful and informative.

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