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What rights do you have when you are arrested?

On Behalf of | Apr 21, 2022 | Criminal Defense

Being arrested is scary for most people. If you’ve never been in this situation before, you may wonder what rights you have.

Do you have to consent to everything the police request? Understanding your rights will help you know how to handle the situation when you are arrested.

The right to remain silent

Most people are not aware of their right to say nothing when they are arrested. The Fifth Amendment to the U.S. Constitution provides this right, and it’s something that is smart to abide by when arrested.

Remember, anything you say can be used by the police. By keeping your mouth shut and remaining silent, you aren’t giving them any evidence to use against you.

Personal property

When a police officer arrests you, they will pat you down and remove items out of your pockets or on your person. This is completely legal. However, they must request your consent to go through your devices, like your phone. You do not have to get this consent. While the officer may eventually get a warrant to do this, you do not have to give consent at the time of the arrest.

To consult with an attorney

When you are arrested, the police cannot deny you the ability to consult with an attorney. You can also request to speak to the attorney before saying anything to the police.

If you are arrested, knowing what rights you have is important. This will help you protect yourself and ensure you don’t say something or do something that may compromise your rights. Keep the information above in mind to ensure that you handle the arrest process without harming your future case.