Under What Circumstances Can An Arrest Occur?
While a police officer can arrest someone without a warrant, they cannot arrest someone without probable cause to believe that they have been involved in criminal activity. When being arrested, it is important to keep in mind the above-mentioned basic guidelines in order to avoid receiving additional charges.
How to Handle a Police Encounter that Occurs in Someone’s Own Home?
In most cases, an individual has more rights when they are in their home than when they are in public, in a vehicle, or on someone else’s property. In order to take advantage of this, it is important to handle encounters in the home appropriately. The following are some general guidelines to follow under such circumstances:
- Be aware of the fact that an officer may be able to hear what is going on inside the house when they are waiting at the front door. For example, they could hear people scrambling around, whispering, or making panicked statements—all of which would heighten the officer’s level of suspicion and give them further reason to suspect that a crime has or is in the process of occurring.
- Unless the officer has a warrant to enter the home, do not allow them to enter. Instead, it is advisable to step outside of the home, close the front door, and politely ask the officers why they are there.
- If an individual gets arrested outside of their front door, they should be mindful of the fact that the officer will then follow them wherever they go, which means if they ask to go back into the home to retrieve an item, the officer will follow. This can quickly become problematic, as it will allow the officer to have a look around and potentially identify additional evidence that could be used to charge the individual and build a stronger case against them.
What To Do When It Seems Like An Officer Is Following Someone In Their Vehicle?
As soon as someone gets in their vehicle and hits the road, they assume a lower level of privacy and have fewer rights as a result. Officers are constantly on the lookout for reasons to pull someone over, whether it’s for speeding, failing to come to a complete stop, or neglecting to use the turn signal. In order to avoid being pulled over, it is obviously best to avoid violating any traffic laws. Seeing an officer in the rearview mirror is always an unpleasant realization, prompting people to check their speed and tense up. However, it is best to remain calm, focused on the road, and aware of all surroundings.
While some people may have the inclination to turn down a side road in an attempt to avoid or get away from the stress of feeling followed by an officer, back roads with less traffic will actually increase the chances of an officer finding a reason to make a stop, since there will be less activity going on in general. Instead, it’s advisable to pull into a public place, such as a gas station or the parking lot of a grocery store, where there are plenty of other people around. At this point, an officer will be faced with two options: find a reason to stop and approach the individual, or simply drive on. If an individual is frequently being followed by police officers, they should obtain the license plate number and ensure that it is not the same officer each time. If it is, this could indicate profiling or targeting, which is an issue that should be brought to the attention of the officer’s supervisor.
Police Encounters During Traffic Stops
While many traffic stops aren’t a big deal and don’t amount to serious charges, mishandling them or behaving inappropriately can turn an otherwise simple encounter into an escalated situation that involves the threat of arrest, jail time, and criminal charges. In order to avoid this, it is important that an individual stay in their vehicle after being pulled over, while the officer is approaching the vehicle, and while the officer is speaking with them from outside of the vehicle.
It is also best if the driver’s license, registration, and insurance card are easily accessible and able to be provided to the officer quickly, without having to search for them in the vehicle. It’s important that the officer is able to see the individual’s hands at all times so that they do not assume that the individual is reaching for a weapon or trying to hide evidence.
Many people will consent to an officer’s request to perform a search of their vehicle, but this is always a mistake. Declining to allow an officer to conduct a search is not indicative of guilt; it is however, the wisest decision to make and is entirely within a person’s rights. If an officer conducts a search despite not being given consent to do so, they will have to justify that decision and demonstrate that they had reasonable cause for the search.
Lastly, an individual should not say more than they absolutely have to, as anything they say could be used against them as evidence of guilt. Minimizing the interaction with the officer—while ensuring a respectful attitude and being polite—will put a person in a much better position to defend themselves down the line.
Tips For Preventing A Search And Seizure By The Police
If an officer has a warrant or is able to sufficiently justify their decision to search someone’s home, vehicle, or person, whatever they find can be used against that person in a court of law. While it is never advisable to be in possession of illegal substances or items, getting caught with them can have lifelong and extremely damaging consequences.
An individual has the best chance of avoiding a search and seizure by the police if they avoid exhibiting some of the signs of illegal activity for which police will be on the lookout. For example, allowing multiple people to come and go from a home—especially at odd hours of the night—can create suspicion in the minds of the police and cause them to keep a closer eye on the residence.
It is also good practice to always keep illegal substances and items out of plain view, even if they are in a person’s home. This is because anything that can be seen by an officer without that officer having to search for it can be confiscated and used as evidence to charge that person with a crime. This guideline also applies to items that get thrown away in the trash and taken out to the curb; once garbage has been placed outside, the police can search it without obtaining a warrant or needing any form of justification for the search.
If a police officer states that they have a warrant to search a residence, the individual should request a copy of the warrant and provide it to their attorney. In the aftermath of a search, it is a good idea to take pictures of the location that was searched in order to have proof of precisely how the officers left the scene, which items were left, and which items seem to be missing. In addition, an individual should immediately document all of their observations of the search and seizure, such as the name of the officers who were present, the nature of any statements they made, and their stated purpose for the search. All of this information will be useful to the defense attorney and could mean the difference between receiving a conviction and having a case dismissed.
For more information on Occurrence Of An Arrest In Florida, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (877) 315-5107 today.
