Q: Can Law Enforcement Officers Search My Laptop Files If They Do Can They Make Copies Of The Files Or Information From My Address Book Papers Or Cell Phone Contacts
A: This issue is contested right now. Generally, law enforcement officers can search your laptop files and make copies of information contained in the files. If such a search occurs, you should write down the name, badge number, and agency of the person who conducted the search. You should also file a complaint with that agency.
But What If The Police Are Threatening Me With More Charges If I Dont Talk
They do that sometimes. And it is legitimately scary.
You still shouldnt talk to them.
I had a client who was being accused of leaving the scene of an accident. The officer left a message that said: If you dont talk to me, I will have to also charge you with malicious destruction of property for damage caused in the accident.
This is almost certainly a bluff and a tactic.
I can completely understand why ignoring the police and hoping the extra charge doesnt happen sounds like a terrible legal strategy. But in some cases, thats exactly the best plan if youve got a lawyer representing you.
Most of the time, they are threatening you because they dont have enough to charge you with, and thats the easiest way for them to gather evidence. Dont help them.
In drug cases, there are also situations where the police may be trying to threaten you into becoming a drug informant. That can be dangerous, and is also very often not in your best interest.
The Police Have No Control Over Sentencing
A police officer might suggest that the consequences will be less if you admit to a crime now. But police do not have the authority to negotiate the penalties for a crime – only a prosecutor can do that.
Many people go to the police station because they want to provide their side of the events. But the police station is not the place to do this. The police officers job is to gather evidence to help them make an arrest.
Police officers can and will say anything – including lying – to get you to admit to something. There is no law saying that they cannot lie to get you to admit to something. So they do. They want you to say as much as possible so that you open the door to other charges. And if you do confess to the police, the prosecutor has an easy job of proving a case. On the other hand, if you talk to a lawyer first, even if you did commit a crime, your lawyer can negotiate a plea deal with the prosecutor that will be more advantageous for you.
If you are not the victim of a crime, the police are not there to help you.
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How Do I Stop The Police From Calling Me
The easiest thing to do is get a lawyer to intermediate and head them off. Let me talk to them for you.
If you get a phone message from a police officer asking to speak to you about a crime, .
As your attorney, I can call them back and be your intermediary so they wont keep calling you. I can provide any basic factual information that might be appropriate for the situation, or none at all.
I will tell the police that any further contact must be through me, so they can no longer bother you directly.
The harassment will end, immediately. In many cases, the police wont have anything else to go on, and the case will simply be dropped. Or, at a minimum, the police will have to proceed with whatever evidence they already have, and you havent inadvertently given them more information to use against you.
This can ultimately prevent you from being charged at all.
Do I Need An Attorney If I Have Not Been Charged Yet
If the investigation is still ongoing, it is possible that the police could view you as a suspect when you are only a witness, and an attorney may be able to take proactive steps to clear up any misunderstandings before it is too late and the police file charges. Likewise, you may not know what information the police already have, and you could say something incriminating due to faulty memory, embarrassment, or by contradicting other solid evidence that they have by accident. Even if you tell the complete truth, it is entirely possible for the officer to make an error in typing up the statement or misunderstand what is said, and that error could be used against you at a later date. Criminal investigations and charges are extremely serious, and the stakes are too high to simply give a statement without the advice of counsel.
Due to recent decisions of the United States Supreme Court, simply remaining silent is not always the best way to protect your rights. You should always assert that you would like to speak with an attorney before being questioned. It is always best to consult with a criminal defense attorney so that you can protect your constitutional rights before having any interaction with law enforcement. It is easy to accidentally waive important rights, and once they are waived, it is not always possible to undo the damage.
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Q: What If Law Enforcement Officers Do Not Have A Search Warrant But They Insist On Searching My Home Even After I Object
A: You should not interfere with the search in any way because you could get arrested. But you should say clearly that you have not given your consent and that the search is against your wishes. If someone is there with you, ask him or her to witness that you are not giving permission for the search. Call your lawyer as soon as possible. Take note of the names and badge numbers of the searching officers.
Look For Signs Of A Crime
Obviously, there are times when calling the police is the best solution especially if there are weapons involved or if you witness a crime like a robbery, an assault, or another type of criminal behavior. Even seeing someone being threatened by another person is a reason to contact the police.
Trying to handle a situation like that on your own is never wise. Plus, for the safety of everyone involved, it’s best to allow the local police to handle it. You should never delay contacting the police when someone’s safety is at risk.
However, there are times when calling the police is not the best course of action. Not only does it tie up police with frivolous complaints, but it also can put people at risk when what they are doing is not harming other people, especially if they panic or don’t respond appropriately when the police arrive.
For instance, one womansometimes referred to at “Permit Patty”called the police on an 8-year-old Black girl selling water without a permit. Although it’s technically true that a permit was required to sell something on the street, this little girl was not harming anyone and involving the police tied up their time on something that wasn’t really putting anyone at risk.
If you find yourself in a situation where you see someone doing something that they probably shouldn’t be doing, you may want to brainstorm other ways to take action, especially if the person lives in your community.
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Reasons Why You Should Never Call The Police
As Americans, we must live with the fact that police officers have no obligation to serve and protect the very citizens that are coerced into paying their salaries. Coupled with the fact that modern police institutions are tasked with enforcing immoral laws that lead to unnecessary violence and imprisonment, victimizing a society who believes they are free, leaves very little recourse for change. Usually when bad players exist in a market, people will stop supporting them and opt to support a competitor who may offer a better quality of service. This market force often leads to bad companies going out of business while good companies thrive. However, in the protection services market, we only have one provider to choose from, that being your local police department. This established monopoly on force has created an absolute monster of violence where it is beginning to become too risky to call the police, even if you are being victimized. Therefore, I have created a list of reasons why you should never call the police.
I came in and this leg got caught up here, and because we clear houses my gun was right here and I fell down, the officer is heard saying.
The accidental discharge shot through the second floor apartment and continued traveling through Armendarizs neck. Video from Nadas lapel camera captured the near deadly snafu, where officers can be heard on the radio shortly after the shot was fired
It was insane, said Wade. It was absolutely insane.
Q: Are There Any Exceptions To The General Rule That I Do Not Have To Answer Questions
A: Yes, there are two limited exceptions. First, in some states, you must provide your name to law enforcement officers if you are stopped and told to identify yourself. But even if you give your name, you are not required to answer other questions. Second, if you are driving and you are pulled over for a traffic violation, the officer can require you to show your license, vehicle registration and proof of insurance .
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Example Answer : Build A Relationship With The Community
“I want to be a police officer to help restore the relationship between the police and the community. I have always viewed the police as people who want to help others, which is extremely important to me. While living in this community, I have noticed that the public could respect and trust the police more. As an officer, I plan to make an effort to rebuild this important relationship. I think that with a more positive police presence, we can gain people’s trust again and help them live better lives.”
What If Law Enforcement Officers Threaten Me With A Grand Jury Subpoena If I Don’t Answer Their Questions
A grand jury subpoena is a written order for you to go to court and testify about information you may have.
If a law enforcement officer threatens to get a subpoena, you still do not have to answer the officers questions right then and there, and anything you do say can be used against you. The officer may or may not succeed in getting the subpoena. If you receive a subpoena or an officer threatens to get one for you, you should call a lawyer right away. If you are given a subpoena, you must follow the subpoenas direction about when and where to report to the court, but you can still assert your right not to say anything that could be used against you in a criminal case.
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Why Might I Be Taken To The Police Station
You might be taken to the police station if police think you have committed a crime.
You can sometimes be taken to the police station under section 135 or section 136 of the Mental Health Act.
This page looks at what happens when the police arrest you and hold you at the police station because they think you committed a crime.
You can find more information about:
Giving Your Name And Address
The police do not have the right to demand your name or address without a reason. Generally, a police officer can only ask you to give your name and address if they believe you:
- have committed an offence
- are about to commit an offence.
For example, a police officer can ask you for your name and address if they believe you bought alcohol and you are under 18.
Other times the police can ask for your name and address if:
- you are driving a vehicle or boat and a police officer signals for you to stop. You must stop and show the police officer your licence or permit
- you are on the tram, train, bus or on public transport property
- you are in a hotel or licensed premises
- they believe you have information that could help them investigate an indictable offence. They must tell you what offence they think you can help them investigate.
The police must tell you why they want your details. If they dont give you a reason, you should ask for it.
It is an offence to refuse to give police your name and address, or to give police a false name and address, if they have a lawful reason to ask you for your details.
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Will The Police Be Suspicious If I Have My Lawyer Involved Over A Simple Question
Maybe. But, suspicion doesnt add up to much. And there are perfectly understandable reasons why some people just dont want to talk to the police under any circumstances.
Some people have had a bad person experience with a police officer and are legitimately mistrustful. Some communities and cultures are used to corrupt police officer not protecting their interests.
And some people are just paranoid, legitimately or not.
NONE of these reasons for not talking to the police are evidence that suggests you are guilty of a crime.
And not talking to the police is absolutely the best way to avoid both being arrested, or ultimately convicted of a crime.
If you do ultimately get arrested or issued a criminal citation for you to appear at a clerk magistrates hearing, there are still lots of opportunities to beat the case at that stage, and still end a case before you are ever technically charged with a crime.
Please give me a call if you are accused of any crime, or being questioned or harassed by the police. I can help.
Providing First Aid Vehicle Assistance Tourist Information And Public Education
Police agencies are available year-round, 24 hours a day, so citizens call the police department not only when they are in trouble but in inconvenient situations as well. As a result, police services go beyond combating crime to assisting with vehicle breakdowns, providing information about other agencies, and helping locate lost pets or property.
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Q: Can I Talk To A Lawyer Before Answering Questions
A: Yes. You have the constitutional right to talk to a lawyer before answering questions, whether or not the police tell you about that right. The lawyers job is to protect your rights. Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you do have a lawyer, keep his or her business card with you. Show it to the officer, and ask to call your lawyer. Remember to get the name, agency and telephone number of any law enforcement officer who stops or visits you, and give that information to your lawyer.
Choosing The Right Police Department
November 1, 2008 by Dwayne OrrickBookmark +
Until recently, the United States had enjoyed a pretty healthy economy. This enabled new businesses to form and established companies to expand their operations. At the same time, “baby boomers” are starting to reach retirement age and fewer people are entering the job market to take their place. As a result, many employers, including law enforcement agencies, are experiencing difficulty attracting sufficient numbers of qualified personnel.
The U.S. Bureau of Labor Statistics estimates that by 2010 there will be 10 million more jobs than qualified people in the U.S. The situation is quickly reaching the critical stage for many employers, especially service-oriented professions like law enforcement.
For those starting a career in law enforcement, the opportunities have never been better. With so many alternatives available today, you should look beyond just getting a job and take the time to find the agency that is “right” for you. This requires exploring the different departments that have positions available and identifying the kind of agency where you want to work. To make an informed decision, you must investigate each department and compare it against the criteria you find important.
Frequent Job Changes
In addition, police agencies are sometimes skeptical of candidates with records of frequent job-hopping. There are a number of reasons leaders are wary of officers who have changed jobs several times.
Finding a Fit
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What Might Happen After I Have Been Arrested
After you have been arrested, there are a few things that can happen. Below are some things below that mean you do not need to go to court.
- No further action. Nothing else happens.
- Caution or conditional caution.
- Fixed Penalty Notice. This is a fine.
- Going to hospital under the Mental Health Act.
- Going to hospital voluntarily.
The police can charge you without going to the CPS for some offences. Some of these offences include:
- theft, criminal damage of less than £5000, driving offences, shoplifting and common assault, and
- some offences which they think the Magistrates court will be able to deal with.
The police will speak to your legal adviser and let them know if they decide to charge you.
Being charged is when you must go to court. If this happens you can plead guilty or not guilty. If you plead not guilty there will then be a trial.
Caution
The police can only issue a caution if you admit that you are guilty. You have to agree to the caution. If you dont agree you can be arrested and charged with the crime.
Cautions can be given to anyone over 10 years old. They are given for minor offences.
Your appropriate adult should be there when the police caution you.
A caution goes on your criminal record but is not a criminal conviction. But courts can refer to them if you commit a further crime. So it is important that you get legal advice before accepting a caution. A caution can show up on a criminal record check.
Conditional caution
Detention under the Mental Health Act