Whenever you may be confronted by law enforcement, it is imperative that you know and
exercise your constitutional rights.
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Always be courteous and respectful to law enforcement. You will find that, with some
exceptions, you will be treated with the same respect and courtesy.
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Do not get angry. Anger will not help you resolve a confrontation with law enforcement.
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You have the right to remain silent. While you have to show identification if asked, you
do not have to answer any questions that may have a tendency to incriminate you. This is
called the Fifth Amendment to the United States Constitution. You have the right to
remain silent and should exercise that right. Simply respectfully advise law enforcement
that you wish to talk to an attorney before you answer any further questions. Do so
courteously but firmly.
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You do not have to “consent” to a search of your vehicle or property. The Fourth
Amendment to the United States Constitution provides you with the protection of law
enforcement either having to have “exigent” circumstances to search you or your vehicle
or have a search warrant signed by a Magistrate. Many times law enforcement will ask
you to consent to a search and try to convince you that if you have nothing to hide, you
should consent. You should not consent to a search. If you consent to a search, then you
have waived your protection under the Fourth Amendment of the United States
Constitution. Even if you had nothing to hide, this is a protection that you should not
waive.
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Last but not least, contact your attorney. Advise law enforcement that you wish to speak
to an attorney. Too many cases are compromised early in an investigation by individuals
thinking that they can “convince” law enforcement to leave them alone or that they can
handle their contact with law enforcement on their own. Rarely are the successful.
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