Protecting Yourself in Police Encounters

 Posted on February 28,2022 in Criminal Defense

Over the past couple of years, national headlines have been full of cases involving violent interactions between citizens and law enforcement officials. While these cases capture the media’s attention, there are situations in which an accused person’s rights are violated that do not get news coverage. If you are stopped by the police or accused of any type of criminal activity, our Fairfield County criminal defense attorneys want you to be aware of your rights and the steps you need to take to protect yourself.

Color Of Law Violations

Local police and state law enforcement officials are granted the authority to ensure that laws are upheld. They have a tremendous amount of power in terms of detaining suspects, searching property, and making arrests. While the majority of law enforcement officers perform these tasks lawfully, there are situations in which abuses occur. The Federal Bureau of Investigations (FBI) refer to these abuses as color of law violations and report the following as the most common types of violations that occur:

• Illegal search and seizure: You may be searched, and your property may be seized if they suspect a crime, but there must be proper cause.

• Using excessive force: While officers are permitted to use force, it must be at a reasonable level for the circumstances.

• Fabricating evidence: Manufacturing evidence and providing false testimony in order to make an arrest or to obtain a conviction is a violation of the rights afforded citizens under the U.S. Constitution.

• False arrests: While police do have the right to detain you for questioning, they do not have the right to make an arrest without proper cause or evidence that a crime occurred.

• Sexual assaults: Harassment in the form of inappropriate comments, touching, or other sexual based actions are prohibited.

You have the right to hold officers accountable for any of the above. Your criminal defense attorney may be able to file a civil suit against a law enforcement agency over these actions, along with citing these incidents as an extenuating factor in your criminal case.

Police Interactions

If you are stopped or detained by law enforcement officials, the following tips can help minimize your risk of being a victim of color of law violations:

• If you are stopped or detained for questions, ask the officer why and inform the officer you DO NOT consent to a search. Exercise your right to remain silent.

• If you are arrested, DO NOT resist arrest in any manner, nor should you attempt to argue with the officer or talk your way out of the arrest. This will not help and could escalate the situation.

• Do provide the officer with your name and address, but otherwise assert your right to remain silent and request an attorney. You have the right to a local call. You should assume all of your actions are being recorded.

Contact a Stamford, CT Defense Lawyer

If you have a conflict with law enforcement and/or have been arrested and charged with a crime, you want to make sure you have an aggressive Fairfield County criminal law attorney advocating for you. Call Law Offices of Daniel P. Weiner at 203-348-5846 to schedule a free and confidential consultation and find out how our firm can help.

Sources:

https://www.fbi.gov/investigate/civil-rights

https://www.acluct.org/en/know-your-rights/know-your-rights-stopped-police-connecticut