What constitutes a violation of constitutional rights? Here’s what you should know.
You must understand your Miranda rights if you’re accused of a crime. These rights protect you from self-incrimination. It is important to understand that these rights apply regardless of whether or not you have actually been charged with a crime. If law enforcement wants to speak to you, they must inform you of your Miranda rights before questioning you.
Unfortunately, you cannot rely on the system to do as it should and protect you. It’s common for people arrested to have their rights violated.
What are some of the ways the legal system might violate your Constitutional rights?
1. Questioning without an Attorney
Law enforcement can question someone accused of a crime without their attorney present, but only if the person consents. If you’re being questioned by police, they must tell you that you have a right to wait until your attorney arrives. You have a right to refuse to speak to law enforcement without your attorney present.
Why is this important?
Law enforcement officers are trained in how to question suspects. They might attempt to get suspects to waive their Miranda rights and agree to speak with them without an attorney present. Suspects should be aware that law enforcement will use anything they say against them in a court of law. Even if an officer says that they are just trying to help, anything you say can be used as evidence against you.
It is important to remember that you have the right to remain silent and the right to an attorney. You should never waive these rights without first speaking with an attorney. This is true whether you are guilty or innocent. An experienced criminal defense attorney will be able to advise you on whether or not it is in your best interest to speak with law enforcement.
2. Illegal Searches
Police officers are not allowed to enter your property without a warrant, with only a few exceptions.
What Constitutes an Illegal Search?
An illegal search occurs when the police enter your property without a warrant or your permission. It’s also illegal to search a property with a warrant but without probable cause. Probable cause is a reasonable belief that you have committed a crime based on the evidence that the police have.
Not all searches without a warrant are illegal. If you’re unsure if a search was problematic, be sure to share the details of your situation with an attorney.
Consequences of an Illegal Search
With some exceptions, evidence obtained in an illegal search isn’t permissible in court.
For example, if the police find drugs in plain view while they are on your property, they may use this evidence against you even if the related search was illegal. Additionally, if you give the police permission to search your property, they can use any evidence they find against you regardless of whether or not the search was legal.
3. Bribery or Intimidation
Police often try to get you to confess or to provide information that implicates you or someone else in a crime. They might offer you a deal, make threats, or use other forms of coercion.
In most cases, using these tactics to get you to confess is a violation of your rights. Additionally, anything that the police threaten to charge you with must be supported by evidence. Otherwise, these charges will not be brought against you.
The best thing that you can do if the police try to interrogate you is to ask for an attorney and then remain silent until your lawyer arrives. An experienced criminal defense attorney can protect your rights and make sure that any threats or coercion used by the police doesn’t hurt you.
Contact David Lindsey if you believe you are a victim of a violation of your constitutional rights.