Rights Police Don't Want You to Know - Texas Lawyers Ready to Help

It's easy for people to get scared once they get pulled over by a police officer. If such officers are ill-intentioned, they will take advantage of how scared that person looks when they answer their questions. People should know what to do in those situations.

Police officers know that people don't often know all their rights. They use that to go over the law. Unfortunately, this happens frequently.

It's not that people should physically resist or attack police officers but rather that they shouldn't let them go over their rights. Anyone looking forward to learning more about the matter should keep reading this page.

Here, the reader will learn a few of the most important rights people should know when facing any kind of situation related to police officers in the state. Anyone looking for legal help in Ft. Worth, TX, can call the Sparks Law Firm.

This law office handles crimes against justice, appeals, DWI, expunctions, violent crimes, and more. People can call to schedule a free consultation and help with questions like Do I have to identify myself to police in Texas?

Guide of Rights Police Officers Don't Want You to Know

Below, people will learn the most important rights police officers don't want them to know. It's important to understand that this will only help people who are not engaging in any criminal activity.

If police officers have a search warrant or catch people committing a crime, the law allows them to arrest them and the district attorney to press charges. That being said, those rights are:

Police Officers Can't Check Phones

Many know that the Fourth Amendment of the Constitution of the United States of America protects people from unlawful seizures and searches from the government. That, of course, includes police officers. However, people don't always understand the reach of the amendment.

Apart from the fact that police officers can't search someone's car or house without a warrant, they can't check their phone, either.

Smartphones are people's personal property. No one should hand them to law enforcement officers if they don't have probable cause. They shouldn’t even try unless they are sure the phone could contain proof of a crime or information about an ongoing investigation.

If a police officer ever asks permission to search a vehicle or phone, people should always ask for a warrant and refuse to consent to that if they don't have it.

Right to Look at Search Warrants

Now, what happens when the police officer does have a warrant? Well, there are a few requirements each warrant should have for it to be legally effective.

People have the right to look at search warrants before the police officer starts looking for evidence in their house, vehicle, or phone.

What should people look for in a warrant? First, the place it lets the police officer search. They can't go beyond what the paper says. If they do, it will be an unlawful action.

After checking that, people should see if there's anything wrong with their personal information and the purpose of the warrant. They could also refuse to consent to the search if that were to happen.

Right to Legally Refuse to Go Through BAC Testing

This is one of the rights police officers always try to keep from people. Depending on the situation, anyone can legally refuse to go through any kind of BAC testing. That includes going through a breathalyzer or other tests that give off DNA evidence.

However, it's important to understand that this depends on the situation. People can refuse BAC testing if they haven't been arrested or found clearly driving under the influence of psychotropic substances or alcohol.

When people get their drivers license, they legally consent to go through these tests when necessary. Yet, this only applies when there is probable cause or if the person is being arrested.

Right to a Fair Trial

Criminal processes start immediately after a police officer arrests a person or has probable cause that they committed a crime. If that happens, people still have the right to a fair trial.

That means they still can enjoy their other constitutional rights and shouldn't go through a slow trial due to negligence. Nonetheless, the criminal lawyer of the defendant is the one who will notice if their client is going through an unfair legal process. They can also help with questions such as When can police search my car in Texas?

Right to Remain Silent

Most people know they have the right to remain silent, but it's essential to fully understand what that means. Regardless of what the police officer asks someone after they pull them over, they can refuse to answer those questions.

Everything people say will be used against them in a court of law, which makes it extra important to be careful of what they say to a police officer. The best to do in this situation is to call a criminal lawyer to be there while they answer those questions.

Right to Leave the Police Station

No one can be held against their will unless they are lawfully detained or arrested. That means that if the police takes someone to a precinct for questioning, they can leave when they need to.

It's worth noting that this applies to people who are only there for questioning. If they are in the station due to an arrest or detention, they must stay there. Nevertheless, even when people leave, they must act respectfully towards the officers in the station.

Right to an Attorney

People are often confused about the right time to ask an attorney for help. The truth is that the best time is anytime.

Everyone has the right to an attorney during any stage of the process. That includes police questioning. It's ideal for someone getting detained or arrested to call their criminal lawyer right after it happens.

Even if the police officer insists on asking questions, people can refuse to answer them until their attorney gets there. Once that happens, their lawyer can answer certain questions, if necessary.

Right to Record When a Police Officer Pulls Someone Over

It’s common to see videos of people recording police officers abusing their power online. The truth is that doing that is one of the best tools people have against negligent cops.

Right after a police officer pulls someone over, they should start recording them to keep any kind of issue from happening. Law enforcement officers may avoid doing unlawful activities if they know everyone will see them do it.

Police officers will ask people to stop recording them. However, they should never stop unless they did commit an unlawful activity or are on private property.

Right to Due Process

Similar to the right to a fair trial, people have the right to go through a legal case that follows the rules of the due process. This includes all the regulations, restrictions, and guidances a legal process should comply with to be lawful.

If police officers, attorneys, or judges fail to follow due process, the defense could nullify the whole case. That doesn't mean the defendant is innocent. Instead, it's like the process didn't happen in the first place, legally speaking.

Naturally, this is not something that happens easily. However, the best criminal defense attorneys in Fort Worth should watch out for these situations to take advantage of them.

Why Is It Important to Know Those Rights?

When someone understands their legal rights, they can protect themselves from unreasonable searches and remain calm regardless of the situation. While police officers will still abuse power or have the upper hand under certain circumstances, the law will still protect people in a further trial.

Most people think they can't refuse consent to illegal searches or any other kind of investigation without reasonable suspicion. Fortunately, they can and should do it.

People can always ask about the possible consequences of refusing what the police officer is asking for. Even if they say things, such as getting their driver's license suspended or facing criminal charges, that won't be true unless that person was part of a criminal activity.

Police officers are allowed to lie to people under certain circumstances. However, citizens also have the right to call a lawyer to help them in that situation. That's the best they could do under any circumstances.

Final Thoughts

The main goal of the Texas law is to protect citizens. Although this should never be a problem, it also protects them from negligent police officers. The best way to go against them is to fully understand the rights everyone has in the state and how they work.

Acknowledging the rights on this list will help people pulled over in a traffic stop and similar situations. Regardless of that, actions, such as resisting arrest, will have consequences. Even if police officers are negligent, people should always behave accordingly and get prepared to file a civil suit if necessary.

When victims of police negligence can prove that the officer went over their constitutional rights, they will win the case in court. This is the reason why people should record the whole process from the moment the officer asks the person to consent to a search or answer questions.

While this page lists the most important rights police officers don't want others to know, they are not the only ones. Anyone looking forward to learning more about how Texas law works should call the Sparks Law Firm.

People can schedule a free consultation with one of the lawyers from this law office. There, they can discuss how the firm can help them.