on exercising your lawful right to remain silent. Your Rights against illegal Search and Seizure. A law enforcement officer that does not need your permission to search your vehicle does not ask for your permission. If asked for your consent, you have a legal right not to consent of your vehicle. Denying consent to search your vehicle does not meet the standard of sufficient probable cause to give the officer the authority to search your vehicle without your consent. If this occurs, your civil rights may have been violated. If law enforcement chooses to search you or your vehicle, you have a right to verbally tell the officerI do not consent to this search. It is advisable that you remain calm at all times, especially when expressing that you do not consent to a search of you or your vehicle, as some law enforcement officer may try to use a defiant tone as their perceived justification for probable cause to get around need your permission for a search. You Have A Right To Ask Am I Free to Go? As soon as the police officer ask you a question, you may ask, Am I free to go? You have to ask if youre free to go, otherwise the police officer will think you are voluntarily staying to talk with him. If the police officer says that youre are being detained or arrested, say to the police officer Im going to remain silent. It is your right to do so and your first line of defense... to not incriminate yourself in any way. If arrested, you have a right not to be questioned further before you are able to consult with an attorney. When arrested and charged with a crime, if you are asked any questions after expressing your desire to first consult with an attorney, then your civil rights may have been violated. This is from an attorney in Florida
Posted on: Wed, 16 Apr 2014 17:57:39 +0000
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