How Long Does A Police Background Investigation Take
The process of background investigation is quite sophisticated and includes checking several facts and places in order to get full account of your past activities. Depending on whether you have resided in several places or worked for several employers prior to applying for a law enforcement job, it may take anything for couple of weeks to several months.
If you are applying for a position in any of the federal law enforcement agencies, such as U.S. Customs and Border Protection, the complete pre-employment investigative screening, which includes collection and review of fingerprints and the Questionnaire for National Security Positions, the polygraph exam, and the background investigation, can take 12 months and even more. This is due to the fact that for most of the positions the candidate needs security clearance that they are eligible for access to classified information.
All in all, the background investigation is a lengthy process and you need to be patient and remain at the agency disposal until it is completed.
The Police Want Me To Come Into The Station Or Meet Them Somewhere It Sounds Like Someone May Have Told The Police That I Broke The Law Will They Arrest Me When I Meet With Them
They might. If the police want to meet with you and it seems like they are investigating you for having committed an offence, there is a good chance that the police do not just want to meet with you, but also plan to arrest you and try to take a statement from you.
Sometimes, the police ask to meet with people when they already have a warrant for the persons arrest. Other times, they have enough evidence to arrest someone and they simply want the person to meet them so they can be formally placed under arrest. And in other cases, the police do not have enough evidence to charge someone, and they are hoping the person tells them something that gives them enough evidence to arrest them.
If the police want to meet with you, you should consider calling a lawyer for advice before meeting with them. If you meet with the police and they tell you that you are under arrest or that you are being detained, tell them you want to speak to a lawyer immediately. You have the right to speak with a lawyer before the police question you or attempt to take a statement from you.
Can The Police Stop Me And Ask To Look Through My Phone
The police have a right to stop and question you at any time. However, in most cases you dont actually have to stop or answer any questions. Providing theres no actual reason for the police to think youve committed a crime, your refusal to answer questions cant be used as a reason to search or arrest you.
Police officers have the power to stop and search you if they have reasonable grounds to suspect youre in possession of illegal drugs, a weapon, stolen property or something which can be used to commit a crime.
Whether the police have reasonable grounds to suspect youre involved in a crime or carrying any of the above items or not, they arent legally allowed to look through your phone unless you give them permission or they have obtained necessary legal documents relating to terrorism or child sex offences.
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Am I Required To Consent To An Hgn Test
As noted above, the HGN test is one of three commonly used field sobriety tests an officer can use to establish probable cause to make an arrest for DUI. In the state of Oregon, court decisions have determined field sobriety tests are searches which require consent before they may be administered.
Let me be clear: You always have the right to refuse an HGN test or another field sobriety test.
An officer will do everything in his or her power to convince you to perform an FST, but they cant make you do it, and unlike Oregons Implied Consent laws , there is no penalty for refusing a field sobriety test.
You should be aware that an officer will often use something called Rohrs admonishment to convince you to take part in a field sobriety test, like an HGN test. He or she will say your refusal to consent to an FST will be used as evidence against you at trial–it will show you have a guilty mind.
Any competent attorney will tell you this can be easily overcome should you end up at trial. A person doesnt owe the police anything and refusing to be searched is only evidence that you know and protect your own Constitutional rights.
If You Are Subject To A Stop And Search:
- Being stopped does not mean that you are under arrest or that you have necessarily done something wrong.
- If you are stopped, you are required to stay for the duration of the search. If necessary you will be prevented from walking away.
- Officers must use the search powers fairly, responsibly and with respect for people without discriminating.
- Officers must make sure that the search time is kept to a minimum.
- The search must take place near to where you were stopped, except on occasions where moving you would protect your privacy.
- If you are in a public place, you only have to take off your coat or jacket and any gloves that you are wearing, unless you have been stopped in relation to terrorism or where Police believe you are using clothes to hide your identity.
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Q: What Should I Do If Immigration Officers Arrest Me
A: Assert your rights. Non-citizens have rights that are important for their immigration cases. You do not have to answer questions. You can tell the officer you want to speak with a lawyer. You do not have to sign anything giving up your rights, and should never sign anything without reading, understanding and knowing the consequences of signing it. If you do sign a waiver, immigration agents could try to deport you before you see a lawyer or a judge. The immigration laws are hard to under- stand. There may be options for you that the immigration officers will not explain to you. You should talk to a lawyer before signing anything or making a decision about your situation. If possible, carry with you the name and telephone number of a lawyer who will take your calls.
Q: Can I Be Detained While My Immigration Case Is Happening
A: In many cases, you will be detained, but most people are eligible to be released on bond or other reporting conditions. If you are denied release after you are arrested for an immigra- tion violation, ask for a bond hearing before an immigration judge. In many cases, an immigration judge can order that you be released or that your bond be lowered.
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Q: What Should I Do If Law Enforcement Officers Arrest Me
A: The officer must advise you of your constitutional rights to remain silent, to an attorney, and to have an attorney appoint- ed if you cannot afford one. You should exercise all these rights, even if the officers dont tell you about them. Do not tell the police anything except your name. Anything else you say can and will be used against you. Ask to see a lawyer immediately. Within a reason- able amount of time after your arrest or booking you have the right to a phone call. Law enforcement officers may not listen to a call you make to your lawyer, but they can listen to calls you make to other people. You must be taken before a judge as soon as possiblegenerally within 48 hours of your arrest at the latest.
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Why Are The Police Looking For Me
If you are a potential suspect in a crime, there are generally two reasons why the police may be looking for you and would come to your house or call you on the phone. First, it is possible that the officer has already obtained a warrant for your arrest. Second, the officer may still be investigating the case and would like to interview you in order to obtain potentially incriminating evidence. It does not matter in which case you find yourself. If the police want to talk to you, you need to speak with a criminal defense lawyer before you agree to an interview with a police officer. This is true even if you believe that you have not done anything illegal.
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What Should I Do If The Police Call Me And Want To Talk
July 21, 2014
Most people look to hire a lawyer after they have been arrested and charged with a crime.
But if you are being investigated for a crime, having a lawyer can sometimes prevent you from ever being charged with a crime at all.
This can happen in situations where police are conducting an investigation into a possible crime. I regularly get calls from people when the police are investigating charges like hit and run, OUI, theft, or other charges.
The police will often call you or stop by your home if they get a call from a witness who wrote down a license plate, they claim was involved in a crime, and you are the owner of the vehicle suspected of being involved.
It can also happen if you are known to the police, perhaps from a prior offense or complaint report, and they are investigating similar or related crimes. Ive had this happen with clients involved in some sex offense cases.
General Rule: You Do Not Have To Answer The Polices Questions
The police can ask you questions, whether you are on the street, in a park or elsewhere. But you do not have to answer them.
The police might want to talk or meet with you if you saw something happen or have information about a crime. The decision is yours. You can answer their questions, but you do not have to.
Important! If you are detained or arrested by the police, you have the right to remain silent. Remember that anything you say to the police can be used against you in court.
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Consenting To A Search
The police can also search you if you give them “informed consent”. This means you understand the possible consequences of the search and you agree to let them search you. The search must be limited to whatyou have consented to. The police must tell you the reasons why they want to search. But when they ask for your consent, the police only have to give the reasons they know about at the time.
So if you do not put limits on how the police can use what they find, they may be able to use it against you in the future. For example, they could keep a DNA sample that you give them and check it in a futureinvestigation.
Which Are The Common Police Background Check Disqualifiers
As you can see, the areas covered by the police background investigation deal with all spheres of your life. There are many things that are considered a serious disqualifier and will prevent you from taking the job of a law enforcement officer. Here is a list of the most common disqualifiers included in the police background check:
- Felony convictions
- Past or current gang affiliations
- Poor employment record
- Incorrect, false or incomplete information given on the application form
You can use the above list as a guide whether you can become a law enforcement office or not. If you have any of the given disqualifiers in your past it may be wise to abandon the idea of becoming a police officer and focus on some other career.
One other common disqualifier, that is worth mentioning, is having tattoos that depict offensive language or symbols. Tattoos, in general, are accepted by most agencies nowadays, especially when they are not on a visible part of the body, such as the face. You may need to check with the department you are applying for, if they have any specific requirements, such as wearing long sleeves all the time.
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Prepare For Your Release
When you surrender into police custody, you may not know whether the police will agree to release you from the station. Generally, this is a decision that is made by the police officer who is in charge of the station where you surrender. Even where an investigating officer has provided an assurance about your release, there is always the possibility that the police will discover something new about the offence that causes them to change their mind, for instance, if you provide a full confession when you meet with the police.
Because of this uncertainty, it is essential that you find someone who is eligible and available to act as your surety if you are held for a bail hearing. A surety is a person who is designated by the court to supervise you while on bail. Often, it is necessary for this to be a person that you can live with. Although not mandatory, a surety should be a Canadian citizen, have no criminal record , and not be acting as a surety for anyone else. A surety is also required to pledge an amount of money, which will be specified by the court, towards the bail. Generally, its not necessary for the surety to deposit this amount up front.
What If Officers Enter Without My Permission
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In general, officers must knock and announce themselves and their purpose before forcing entry into your residence, even when they have a warrant.
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Do not resist or argue with the officers, even if you believe what they are doing is illegal. Officers may handcuff you when they come in, and you should comply with their orders for safety.
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If officers are serving a search warrant, you should be given a copy of the warrant as well as a receipt for any property the officers seized.
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If you are arrested because of an arrest warrant, officers may wait to show you the warrant until you are booked into jail.
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If officers do not have a warrant, request a business card with the officer’s name, badge number, and the incident number.
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Can Police Take Your Phone Without A Warrant And Use It For Evidence
Firstly, the courts cannot accept any evidence if prosecutors obtained it without a warrant. For example, the cops arrest a suspected drug dealer and find text messages that prove that the person was selling illegal substances.
However, they got this information through a warranties search. As a result, the courts will not charge the defendant because the police violated their Fourth Amendment rights.
This argument is even stronger when the text messages are the only proof of wrongdoing. In other words, if the courts decision was mainly based on improperly obtained evidence, then you can use the Fourth Amendment to defend yourself.
Yet when there is other proof against you, such as witness testimonies or public cameras that caught you in the illegal act, the story may be different. Since that evidence was collected without violating the Fourth Amendment, the court will likely still charge you.
Why? Because whether or not the police obtained the text messages is irrelevant to the judges decision. After all, there are still other forms of proof against you.
If I Am A Victim Of Crime Can The Police Take My Telephone
We are also regularly asked whether the police can take a mobile phone if someone is the victim of crime.
Similarly the answer is not without your permission however if the police believe that the phone or other device may contain evidence to support your allegations they may seek your permission to examine it to support your assertions.
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V Rights At Airports And Other Ports Of Entry Into The United States
REMEMBER: It is illegal for law enforcement officers to perform any stops, searches, detentions or removals based solely on your race, national origin, religion, sex or ethnicity. However, Customs and Border Protection officials can stop you based on citizenship or travel itinerary at the border and search all bags.
Q: What If Law Enforcement Officers Tell Me They Will Come Back With A Search Warrant If I Do Not Let Them In
A: You can still tell them that you do not consent to the search and that they need to get a warrant. The officers may or may not succeed in get- ting a warrant if they follow through and ask the court for one, but once you give your consent, they do not need to try to get the courts permission to do the search.
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Police Powers To Take Photographs In Custody
If you’ve been arrested or are detained under suspicion of having committed a crime for which you could be put in prison, the police have the power to take photographs of you. They will take standard photographs known as ‘mug shots’.
If you’re released without being charged, or the charge against you is dropped, or you’re found not guilty by a court, then the photographs will be destroyed by the police. If you’re charged, the photographs will be kept until you go to court. If you’re found guilty, the photographs will be kept with your criminal record.