“Am I Being Detained?” – Questions to Ask During Interactions with Law Enforcement
Interacting with law enforcement is no time to fool around. You want to be very intentional with your interactions and ensure that you are not putting yourself in danger. The law is very procedural and very specific. There is a “best way” to handle your interactions with law enforcement. In this article, the Vermilion, IL criminal defense lawyers at Patel Law, P.C. will discuss what questions you should ask law enforcement during your interactions with them.
“Am I being detained?”
If you’ve been stopped by law enforcement officers, you should always (I mean always!) ask if you are being detained. If you are not being detained, then you are free to leave. If the law enforcement officer wants to keep you for questioning, they must answer ‘yes’. At that point, you can ask the officer if you are free to leave.
You never want to willingly answer questions that you are not required to. This can only incriminate you. If you’re not being detained, ask the officer if you are free to leave. If they say ‘yes’, then you should leave.
“Why am I being detained?”
If the officer says that you are, in fact, being detained, you have a right to know why. Ask the officer to tell you why they are detaining you. Officers can detain you if they have “reasonable suspicion” that you committed a crime. The officer can then gather information to form probable cause for an arrest. Detention is the first part of the process.
At this point, you should invoke your right to remain silent. You can respectfully decline to answer questions and ask for a lawyer to be present during any questioning by invoking your Fifth Amendment rights.
Don’t try to explain yourself or talk your way out of the situation. If law enforcement catches a whiff that you’re hiding something, they’ll dig in deeper, and this can only harm you.
“Do you have a search warrant?”
Officers can pat you down for weapons (to protect themselves), but they cannot conduct a search without probable cause. For example, they cannot search your vehicle without probable cause until you are arrested. Once arrested, they can search your vehicle.
Never (ever!) consent to a search. If law enforcement has a warrant, then you don’t have a choice. However, they can use anything they find against you in a court of law, and your consent could be used as justification for the search. Therefore, you should calmly state you do not consent to the search.
“When can I speak to my attorney?”
You have a right to have an attorney with you during questioning. Stay silent, ask for an attorney, and ask the police when you will be allowed to talk to your attorney. There’s no prohibition against law enforcement officers lying to you. They can and will trick you. Do not answer their questions without a lawyer present.
Talk to a Vermilion, IL Criminal Defense Lawyer Today
Patel Law, PC represents the interests of those who have been charged with crimes in Champaign, IL. Call our Vermilion IL criminal defense lawyers today to schedule an appointment, and we can begin preparing your defense right away.
