Stop / Search / Arrest (FAQ)

Stop

Police have the right to stop and question you if they have probable cause or reasonable suspicion. A stop is not the same as an arrest. The officer may ask questions, but you do not have to answer besides your basic identification. Police have the right to “frisk” of pat you down to look for weapons or contraband.

Search

Police may search an individual they have stopped if they have probable cause. Alternatively, police must obtain a search warrant for particular items in a specific place. Of course, police may always perform a search when you give them consent. It virtually is never a good idea to give consent.
There are also other situations where police can perform a search: including (1) automobile search in the process of a vehicle related arrest, (2) search incident to arrest, (3) illegal items left in plain view, and (4) in exigent circumstances.

Arrest

Once police determine that probable cause exists, they may arrest you. Probable cause means that police have an objective reason to believe that a crime was committed, or is in the process of being committed, and the person being arrested is the perpetrator.
When you are arrested, you will likely be placed in handcuffs and taken to the police station. It is always best to cooperate physically but remain silent, besides asking for an attorney.
Upon arrest, your Miranda rights attach. That means that before police interrogate you, they need to alert you to some of your Constitutional rights. Specifically your:
- Right to remain silent
- Right to an attorney during questioning
- Right to an attorney even if you cannot afford one
Miranda rights are well known due to TV shows like Law & Order. However, a lot of defendants overestimate the impact that Miranda will have on their case. Often times even if police fail to read you your rights, they still have enough of a case to prosecute you. Nevertheless, it is always a good idea to invoke your Miranda rights and tell your attorney if the police do not read them to you.