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ABA Family Legal Guide

Criminal Justice

The Police and Your Rights

A police officer observed Terry and two of his friends in front of a store acting suspiciously. The officer watched the men standing on a street corner, and then taking turns walking down the street to a store, peering in, and returning to the corner. This occurred a number of times over a ten-minute period. The officer was in plain clothes, had thirty-nine years of experience, and, based on his training and experience, believed that they were about to rob the store. He thought that they might have a gun. He approached them, identified himself, and asked their names. When they mumbled something, the officer grabbed Terry and spun him around so they both were facing the other two, with Terry between the officer and the others. The officer patted down the outside of Terry's clothes and felt a gun in his breast pocket. He took off Terry's coat and took the gun from the pocket. During a pat-down of the other two, he discovered a gun in another man's pocket as well. The officer took that gun and arrested the two men for carrying concealed weapons.

Imagine you were looking in a store window and were suddenly grabbed by a police officer and frisked for weapons. Could the police do this to you lawfully? Or would the police have to arrest you? What would happen if you were arrested? Do you have to answer any questions the police might ask you?

It's a good idea to know what to expect in case you ever have to deal with police, whether you're a victim reporting a crime, a witness, or a suspect. This section will give you information on your rights when dealing with police, your rights to a lawyer, and some information on the process of being charged.

  1. How do the police investigate crimes?
  2. How long may police hold suspects before charges must be filed?
  3. Do the police have the right to tap my telephone?
  4. Has the law regarding telephone taps and other surveillance changed since the terrorist attacks of September 11, 2001?
  5. Has the constitutionality of the Patriot Act been challenged?
  6. May the police search me without a warrant?
  7. Does the law permit the police to search my home or items in it?
  8. May the police use information from a confidential informant against me?
  9. What procedures must the police follow while making an arrest?
  10. When am I in custody?
  11. After arresting me, may the police make me provide fingerprints, a handwriting sample, or a voice example?
  12. What are my rights if the police put me in a lineup?
  13. What is an interrogation?
  14. How do the police recommend that criminal charges be filed against someone?

Subsections

  1. Lawyers and Criminal Law
  2. Criminal Charges
American Bar Association Family Legal Guide
Copyright © 2004 American Bar Association
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