Police officers in New Jersey and around the country are tasked with enforcing the law and keeping communities safe, but they must operate within strict boundaries established by the U.S. Constitution and the courts. If you ever find yourself being asked questions by a police officer, you will find the situation far less stressful if you know your rights.
The most important protections that you will enjoy if you are stopped and questioned by the police are provided by the Fourth and Fifth Amendments to the U.S. Constitution. The Fifth Amendment states that no person can be compelled to be a witness against themselves, which means that you will have the right to remain silent in any encounter with police officers. If you do not wish to answer any questions, simply say that you wish to remain silent.
Some people think that the right to remain silent only applies after an individual has been taken into custody, but this is not the case. Police officers give what is known as a Miranda warning to the suspects they arrest to ensure that anything they do say will be admissible in court. You can assert your right to remain silent at any time, and you do not have to answer any questions that you do not want to.
The Fourth Amendment protects you against unreasonable searches and seizures. If a police officer wants to search your home, vehicle or person, they must have your consent, obtain a search warrant or have probable cause to believe that evidence of criminal activity will be discovered. If a police officer asks for your permission to conduct a search, you have the right to say no. If the police officer conducts a search despite your objections, a Morristown criminal defense lawyer could argue that his or her actions were illegal and any evidence discovered should be excluded.
The courts have ruled that police officers may act in ways that infringe on rights protected by the U.S. Constitution in certain situations. Police officers may enter a home without a search warrant when they are in hot pursuit of a suspect, see evidence of criminal activity in plain sight or are responding for cries for help or some other emergency. Police officers are usually required to have probable cause to believe that a crime has been committed or is being committed before they can pull a vehicle over or stop a person who is going about their business, but the U.S. Supreme Court created an exception to this requirement in the 1968 case Terry v. Ohio.
The case involved a group of men who were stopped and searched by police officer who believed that they were planning to commit a robbery. The police officer arrested the men after discovering that they were carrying firearms. This search seemed to violate the Fourth Amendment because the police officer lacked probable cause to act, but the justices ruled that it was legal because the officer had reasonable suspicion. This ruling gave rise to what is known as a Terry stop and frisk.
Police officers may initiate a Terry stop when they reasonably believe that an individual or group of individuals are engaged in criminal activity. Police officers cannot arrest suspects based on suspicion alone, but they can pat them down for weapons. Police officers may pat a suspect down during a Terry frisk, but they cannot reach into or squeeze their pockets.
If you are stopped by the police, you should try to remain calm and composed. You should be polite and courteous to the police officer, but you do not have to answer any questions. In New Jersey, you do not have to give a police officer your name or provide any identification unless you are operating a motor vehicle. You should not argue with, resist or try to flee from the police officer as this will make things worse and could lead to criminal charges. If you are taken into custody, you should assert your right to remain silent and contact an experienced defense attorney as soon as possible.
Gregg Wisotsky is a Morristown criminal defense lawyer who has been advocating on behalf of the accused for more than 30 years. If you are being investigated by the police or have been charged with a crime and would like to schedule a consultation with Mr. Wisotsky, you can call his Morristown office at (973) 898-0161. If you prefer, you can schedule a consultation online.