Police Encounters Discussed & Outlined
An individual that has involved in police encounters knows that the situations are never easy or comforting, at least when you’re the individual being questioned about the possibility of a crime occurring or have already occurred. Police encounters are considered special situations due the U.S. Constitution, which provides certain rights to individuals confronted by the government, i.e. police officers. These rights are generally held to the highest standard and attach to the person no matter where the location of the individual; however, certain locales will provide high degrees of constitutional protection.
For example, individual involved in police encounters that take place at their individual home or abode will maintain a high degree of constitutional protection than if that same individual is involved police encounters that occur while he or she is driving his or her motor vehicle. Regardless of the police encounter, an individual always has the absolute right not to speak to or answer questions asserted by a police officer. This is known as your right as incrimination, and it attaches at any police encounter where you have the potential of incriminating yourself for a crime or criminal acts. The right must be asserted; however, it does not negate the fact that whenever an individual is involved in a police encounter and they may have or believe or think they have committed a criminal offense (whether traffic, misdemeanor or felony) they should never make any statement attempting to defend or explain their actions or conduct.
Police encounters provide police officer a unique situation to use their questioning and fact-finding ability to obtain information easily and without very little effort. Police officers are fact-finders. This is their primary and essential job as investigators. By speaking, answering questions, providing facts, and essentially confessing police encounters become the easiest way for any individual police officer to obtain the evidence necessary to convict an individual for a criminal offense. Police encounters can be limited and ineffective in a legal and proper way, but only when the individual involved in the police encounter maintains his or her constitutional rights. These rights not only involve the right to remain silent, but also the right to have counsel present. Therefore, whenever any individual is involved in a police encounter it is best to always be safe and invoke both of those constitutional rights and safeguards.
You want to make sure that whenever you are involved in or with a criminal matter (felony, traffic or misdemeanor) that you obtain proper legal counsel. You never want to rely on this information or any other information on the internet, in any form, when wanting or attempting to represent, defend or explain yourself before any legal court or body. In fact, you should always lawyer-up.