What Are My Rights During An Arrest?
When you are stopped by police under the suspicion of an offense, it can be a stressful and frightening time. And the consequences of some criminal charges can be devastating to your academic standing or career prospects.
Understanding your constitutional rights during an arrest, under Pennsylvania and federal law, can help you preserve your due process rights and the opportunity to have your case resolved successfully. I am the founder of the Law Office of Ronald F. Saupe, Esq., and I advise clients of their constitutional rights before, during and after an arrest.
How To Successfully Assert Your Rights During An Arrest
Many times, the consequences of a potential arrest can be minimized by knowing how you may be treated by the police and what your legal rights are. It can also help you identify if you were targeted for an unlawful arrest.
Based on my interactions with my clients who are college students and young Penn State graduates, here are tips for ensuring your due process rights are respected if you are stopped by police.
- Always be polite and cooperative when you are stopped or detained. This is perhaps the most important tip to keep in mind. You have nothing to gain by being combative or resisting arrest.
- Never evade police or attempt to flee if you are stopped. This will always make things worse.
- Assert your right to remain silent. Because of the Fifth Amendment to the U.S. Constitution, other than providing identification, you are not required to divulge any information to police.
- Understand what will happen if you answer police questions at the stop. If you do answer questions, that information can be used against you in court.
- At your initial stop, you do not have to give police permission to search your person, car or home. If the police wish to conduct a search, they must have permission or obtain a search warrant.
Let Me Help You Build Your Case From The Very Start
As your lawyer, I make jail visits, which means you can have me by your side advising you or a family member from the first moment you are detained. Call my office in State College at 814-954-1764 or email my office to start working together on your case. I serve clients in Centre and surrounding counties.