Your Rights Are Only Worth Something If You Know How To Use Them
If you don’t know how to protect your rights during a traffic stop, after an arrest, or during any other interactions with law enforcement officers, you could be setting yourself up for disaster. What you do and say—and what you don’t do or say—when dealing with Salt Lake City police can be the difference between a positive end to your experience and one that results in a criminal conviction.
We all have rights under the U.S. and Utah Constitutions. These rights limit what police can do when dealing with us and give each of us the ability to protect ourselves from any police overreach or abuse of their power.
These rights are powerful tools. But, like any tools, they only work if you know you have them and how to use them.
Unfortunately, too many Americans don’t understand how to protect their rights and needlessly give them up when interacting with police. By knowing what you can, can’t, should, and shouldn’t do, you can protect your rights and dramatically improve the odds of a better outcome. At the minimum, knowing these rights can help you avoid making mistakes that could worsen a problematic situation.
Here are four ways to protect your rights in interactions with police:
Don’t Fight With the Police
We often see incidents of police misconduct or overreach on the news almost daily. Although the majority of law enforcement officers do their jobs ethically and properly, police can and do overstep their bounds or take actions that are unjustified and violate an individual’s constitutional rights. These violations can include such abuses as racial profiling, the unreasonable use of force, or intimidation and harassment.
When you are the victim of such misconduct, it can be infuriating, humiliating, and distressing. It is understandable to want to push back. Violence, resisting arrest, being verbally abusive, or threatening the officer in the heat of the moment will not make things better or right the wrong you are experiencing. Doing so will almost certainly make things worse and make it harder to protect your rights.
However, the law provides ways to fight back and hold police accountable for their wrongful actions. You and your lawyer will have an opportunity to do so. Not only can violations of your rights provide an avenue for dismissing any charges against you, but it can also form the basis of a civil claim for damages against the police.
As such, try to restrain your emotions and keep cool, knowing you will legally and effectively fight another day.
Your Salt Lake City criminal defense attorney may be able to use any police misconduct as part of your defense. While crafting this defense, they may be able to throw out inadmissible evidence or dismiss your charges. You may also have legal claims for monetary damages for these civil rights violations.
See More: Finding the Best Criminal Defense Attorney in Salt Lake City
The More You Talk, The Deeper You Dig
You’ve seen enough movies and TV to know that, thanks to your Miranda Rights, if police arrest you, you have the right to remain silent. Anything you say can and will be used against you in court.
If you feel that the police have it wrong and that if they only knew the truth, they would take off the handcuffs and send you on your way, you may want to follow your natural inclination to try to talk your way out of your predicament. In your desperate attempt to explain yourself in the heat of the moment, your right to remain silent may be a distant memory.
If you feel like speaking out against the arresting officers, don’t. Voicing your opinion of the arrest can be a damaging and dangerous mistake.
The more you say to the police, the more likely you are to make statements that could hurt your defense. You may unwittingly make an admission that can be used to prove your guilt or say inconsistent things that cast doubt upon your credibility.
There will be a time and place to tell your side of the story. But don’t do so without your Salt Lake City criminal defense attorney. You have the right to remain silent for a reason.
Use it.
Never Consent To a Vehicle Search
In general, the Fourth Amendment to the U.S. Constitution protects you from unreasonable search and seizure by the police. For example, unless a crime occurs or some other immediate danger is present, police can’t barge into your home without a warrant. However, they can do so without a warrant if you invite them in.
Similarly, when police pull you over for a traffic stop, they can’t start searching your car just because they made the stop. But if the officer asks you if they can search your vehicle and you say yes, you can throw any defense based on a violation of your Fourth Amendment rights out the window.
Generally, an officer may only search your vehicle without your consent if:
- They have a valid search warrant.
- They have probable cause to believe there are illegal substances or goods in the vehicle, such as seeing an open container of alcohol, smelling cannabis odor, or seeing weapons or narcotics in plain sight.
- They are arresting you and impounding your vehicle.
Too often, people pulled over by the police reflexively agree to an officer’s request to search their vehicle. Sometimes, such consent may result from intimidation, pressure, or threats. Other times, they may think denying the officer’s request will make them appear guilty.
You have the right to say no; the police know you have that right. You should refuse the search respectfully without having to justify yourself. Saying no to this search of your vehicle is one way to protect your rights.
In many cases, especially those involving drug possession, the lawfulness of a vehicle search can be a central issue and the cornerstone of a defense. Any evidence obtained due to an unlawful and unjustified search is inadmissible in court.
Without that evidence, there often is no case, and prosecutors will dismiss the charges. But if you voluntarily allow a search of your vehicle, it does not matter whether the search was justified. Any evidence police discover will be used against you.
Don’t Attempt To Represent Yourself
Understandably, people accused of a crime can be concerned about the cost of hiring a criminal defense attorney. That concern may translate into representing themselves to save a few bucks.
However, the cost of playing an amateur lawyer in a criminal case can be far higher than the cost of hiring a real one.
It is crucial to remember that Utah’s criminal laws, rules of procedure and evidence, and how to mount an effective defense cannot be learned on the fly.
Prosecutors know how to obtain convictions. They do it every day. You, on the other hand, don’t know what you don’t know; you don’t know how to protect your rights. Choosing to represent yourself in your criminal case means dramatically reducing the chance of a positive outcome and significantly increasing the odds that you will become a convicted criminal.
Don’t risk your rights, future, and freedom by taking matters into your own hands.
Intermountain Criminal Defense Is Ready to Protect Your Rights Today
The criminal defense attorneys at Intermountain Criminal Defense in Salt Lake City have a long record of successful results in criminal cases of all kinds and work tirelessly to obtain the best possible outcome in every case. If your civil rights have been violated during a traffic stop or other interaction with a Utah or Salt Lake City police officer, don’t waste a moment more. Contact Intermountain today to arrange for your free initial consultation.
