Rights Police Don't Want You to Know: California Drivers Beware

Unfortunately, many people have no concept of what rights apply to them whenever police interactions happen. This leads to situations where they face unjust actions without even realizing the violations that may be happening.

The assumption is often that if a police encounter occurs, nothing is off the table unless it is an extreme action. However, subtle violations can happen during a police stop or other interaction.

Therefore, the information below was put together to ensure people know their rights. Additionally, details are provided on what to do in situations where any violation should occur.

The Right to Remain Silent Can Work in Your Favor

Typically, police will inform persons about the right to remain silent when an arrest is happening and Miranda rights are being read. However, this does not simply mean that a suspect should not speak during the process of an arrest.

Instead, it is an indication that if the person so chooses, they are allowed to simply not answer questions that the police may throw at them.

Furthermore, this right does not only apply during arrests. While there's nothing wrong with providing a name and basic identifying information, feel free to assert the right to remain silent. Simply inform the officers that this right is being invoked and that there is no desire to speak without an attorney present. Note that an arrest or detention cannot occur for simply not answering questions. Drivers are different in one way: a driver must show a driver's license, registration, and proof of insurance when a police officer asks (Vehicle Code 12951(b)). Refusing can lead to a citation or arrest. Beyond handing over those documents, a driver can stay silent.

Feel Free to Refuse Consent If a Police Officer Wishes to Perform a Search

If there is no warrant or other reason for a search, it does not need to be done. Feel free to choose to not consent to a search if the officer requests one. Unreasonable searches happen all the time. Note that compensation for such an action is unlikely if consent is provided, even if the situation did not call for law enforcement to look through anything.

Police Officers Should Not Pull You over Without Reasonable Suspicion

There needs to be a legal justification for any traffic stop that occurs. To stop a driver, an officer needs reasonable suspicion of a traffic violation or a crime. To make an arrest, the officer needs probable cause, which is a higher standard. Goss Law can also answer questions such as When can police search my car in California?

Note that the officer needs to be able to articulate exactly why the stop is occurring. If there was no reasonable suspicion for the stop, evidence found during the stop may be suppressed, though there are exceptions to this rule. For more information, a criminal attorney in Sacramento may be able to help.

You Can Film Law Enforcement Officers If You Wish

Many police officers hate when people choose to film them as they execute their duties. While some simply find it annoying, others do not want to be caught on camera violating someone's rights. Sometimes, the footage obtained in this way is the saving grace for a person, especially since officers will sometimes have their body cameras disabled.

It is legally acceptable to record police interactions if it is being done in a public space or on private property where the owner has given permission. Under Penal Code 148(g), recording an officer is not, by itself, a reason to detain or arrest someone. However, an officer can still give lawful orders to step back or not interfere. Comply with lawful distance and safety orders while you keep recording.

Additionally, a warrant is needed for any such photographs or videos to be viewed by law enforcement.

It Is Reasonable to Leave the Police Station If There Is No Arrest or Detention

The police are not allowed to hold people against their will for no reason. Therefore, if no arrest or detention has occurred, it is perfectly acceptable to leave the police station.

Do not just get up and leave. Ensure to ask if a detention is occurring. If not, then inform the officers of the desire to leave before heading out.

How Reasonable Suspicion Works

The idea of reasonable suspicion means that the police will need some kind of factual basis to believe that there is criminal activity taking place. Note that this goes beyond simply having a hunch that something is happening.

Reasonable suspicion can come from suspicious behavior, a report by a witness, or information from an investigation. Probable cause, which is needed for an arrest, requires more. Police can ask for an ID when a stop happens, but bear in mind that the right to remain silent still exists.

Remain calm and collected while remembering that there is no requirement to consent to a search with no warrant. Of course, there are exceptions to this rule. For example, if an arrest is taking place, then the police have the right to perform a search.

Be Ready to Identify Illegal Detentions

It is essential to be able to tell when the proceedings surrounding a traffic stop shift away from legal territory. One of the key things to remember is that there is no detention occurring if a police officer approaches someone in public to ask questions. The person being questioned can ask if a detention is taking place. If not, walking away is acceptable.

Illegal detentions occur when law enforcement chooses to stop persons with no reasonable suspicion. Additionally, if officers hold persons without probable cause for an arrest, it also falls under this category.

So long as the police cannot provide a clear reason for detention or if no arrest happens after a long period, the proceedings are likely not above board.

Assert Your Rights

Never choose the disrespectful route when interacting with law enforcement. Even when rights are being violated, making the wrong move can give the police an actual reason to perform an arrest. Instead, choose these kinds of language:

1. "Am I free to go?"
2. "I do not consent to any searches."
3. "I wish to remain silent."

Why Is Legal Representation Necessary?

While the legal system offers protection, it is not easy to navigate alone when law enforcement agencies appear to be in the right (even when they are not). An attorney has intimate knowledge of the applicable laws, which allows for the situation to be handled most optimally. They can also help with questions like Do I have to identify myself to police in California?

Schedule a Free Consultation with a California Defense Lawyer Today!

As you can see, there is a lot that police don't want you to know about your rights during interactions with them. If you knew, they couldn't violate you so easily. Remember to seek representation before engaging in any legal proceedings.

Let Goss Law help to protect you. Schedule a free consultation with attorney Blair Goss today!