When a person finds themselves face to face with an officer, it can be difficult to remember that despite the authority the officer possesses, a person still has rights of their own. In most cases, individuals let police officers mistreat them because they are oblivious to the rights that have been granted to them by the law.
If a person is stopped by an officer they should always try their best to be as respectful and calm as possible. Showing respect to the officer is a good way to ensure that a person is not aggravating the officer into taking unnecessary action.
A person has the following rights when confronted by an officer:
The right to remain silent
A person is actually not required to answer any of the officers detailed questioned about their personal lives. However, in most states, it is required for a person to give their identity, or identify themselves by their name when requested to by a police officer.
The right to privacy
A person also has the right to not be searched without permission. However, if an officer suspects that a person is holding a weapon, they can pat them down without consent. If a person refuses to allow an officer to search their belongings and the officer does it anyway without having a valid reason to do so, this can be used against the officer later on during court proceedings.
The right to a lawyer
Every individual also has the right to a lawyer. Even if a person is not able to afford the help of a legal professional, they have the right to gain the assistance of a lawyer who is appointed by the government. A police brutality attorney in Albuquerque, NM can help turn the tables on a person’s case by further educating them on their rights and presenting the correct pieces of evidence in court to prove that the individual had been mistreated by the police officer.
Even if this does not result in the officer getting penalized by the law, it can, at the very least, help clear a person’s name and decrease the severity of any charges which have been laid on them.
Soon after a person is arrested, they are allowed to make a local phone call. It is in a person best interest to make sure they contact their attorney at this time so they can receive advice on what they should do in their specific situation.
How can I prevent my chances of being harmed by the officer?
When someone is getting arrested, it is a very stressful time for both the person and the officer. A person should try their best to ensure they do not instigate any negative reactions from the officer. Trying to run away or resisting arrest should be avoided at all costs. If a person is being physically hurt by an officer they should try their best to defend themselves without hitting the officer back.
Speaking with a respectful tone and staying as calm as possible is also important to keep the situation under control until a legal representative is available to help clarify matters with the law.