Constitutional Rights upon arrest

Once you have been arrested a number of constitutional rights kick in, both state and federal. We will discuss the federal as they set forth the bare minimum that must be applied to you as a potential suspect.

First, you have the right to be free from unlawful search and seizures. Originally this meant that the police could only search you if they had a warrant. Over time the requirements for a warrant have decreased dramatically. For example officers are allowed to pat down an individual to determine if they have weapons or other potential contraband as these items pose a danger to the police officer. Another area that has been heavily impacted is an individuals right to be free from search in one's car. In general the officer can search the area that the driver could reach in the car, meaning for most cars the entire passenger and back seats.

For an officer to arrest or detain you, they need to have probable cause to believe that you have committed or attempted to commit a crime. This is a very low standard and an officer will generally have no problem meeting this standard. Officers can look at the surrounding area of the defendant, their demeanor, clothing, personal history (if known), etc. If a person is on probation or parole this standard does not apply.

An individual who is arrested also has to have their Miranda rights read to them. I strongly urge you to invoke those rights and not speak to the police until you are represented by an attorney (private or court appointed). Miranda rights are there to protect you, do not ignore them or waive them until represented!

Closely linked to Miranda Rights are the 5th Amendment right to be free from self-incrimination and the right to an attorney. Pleading the 5th is a right that allows an individual to not make statements that are incriminating. Be careful when invoking this right, if you start talking about some other crime or open the door to new questioning by the police you can waive this protection. The 6th Amendment right to counsel is only based on the crime that one is charged with. This right guarantees that one will have an attorney present at critical stages of the criminal proceedings.

There are other rights that attach when one is arrested but the above are probably the most visible and arguably the most important.