Being questioned by the police or getting arrested can be quite an ordeal. Knowing and understanding your rights and responsibilities can save you a lot of frustration, exposure to further penalties and help get you through the process. First, remember whenever you deal with law enforcement to stay calm and try not to panic. For your protection, our legal system provides you rights under the Constitution. Under the 4th Amendment you are protected from unreasonable searches and seizures and under the 5th Amendment you have right against incriminating yourself.
Can the police question me for no reason?
A police officer, like any other citizen, can approach you on the street and ask questions. Always remember to stay calm, keep your hands visible and do your best to observe and comply with reasonable requests made by the police. You should identify yourself and provide identification if requested. However you do not need to answer any questions that are being asked. You can ask the officer if you are under arrest and if so for what crime. If you are not under arrest you have the right to leave. The police can arrest you if they have a warrant for your arrest or have reason to suspect that you have broken the law or have committed an offense.
What if they ask to search me?
A police officer can try certain methods, even bullying tactics in getting your consent to search you, your car or your home. You do not need to consent unless the officer has a search warrant that has been issued by a judge. If you do not consent and there is no warrant, the police officer has no right to search you other than a light pat down if they suspect you are carrying a weapon. Generally speaking when you are arrested you have a right not to be searched which includes your person, papers, house and car. If the police say they have a search warrant, request a copy.
Are police officers allowed to touch me?
Yes, a police officer can use reasonable levels of touching such as a pat down, and in some cases reasonable force to affect an arrest. If a police officer states that you are under arrest, you must follow the officer’s instructions and not resist any attempts to handcuff or restrain you. In such cases officers have authority to use higher levels of force in arresting you. Remember that police officers enforce the law and they have some flexibility in making sure that they are doing their job.
What are my rights after being arrested?
If you have been arrested a police officer must tell you your rights.
- You have the right to remain silent. Stay calm and do not say anything. You should tell law enforcement that you wish to exercise your legal right to remain silent. A police officer must stop questioning you if you exercise your right. After an arrest, the police are looking to gather as much evidence and information to help them build a case against you. Sometimes they may try and fluster you into making a comment. Remember, it is always in your best interest to remain silent and not give them information that may be used against you later. The only information you are required to provide is your name and address. Any other information you say can be used against you in court.
- You have the right to an attorney. Request an attorney immediately and do not answer any questions or sign any documents without your attorney present. An attorney is in the best position to help you after you are arrested. If you cannot afford an attorney you still have the right to an attorney at no charge to you.
How long can the cops hold me over?
If you are arrested you will be taken to the local police station. At the time you enter the facility a booking officer will ask you standard personal questions, possibly take your photograph and fingerprints and gather your belongings to be put in a property bag. Usually within 24 hours of your arrest you will be given a notice to appear in court, a warning, released or charged with an offense.
Am I allowed to make a phone call?
After you are processed you will have access to a phone. Usually by the time you are allowed to make a phone call the officer will inform you if you need to post bail and when you can be released.
What should I do if I am being pulled over?
Always be sure to stop your vehicle in a safe place as quickly as possible. Turn your car off and open the window part way. If it is nighttime, turn on your internal dome light and keep your hands where it can be seen. Remember that when law enforcement approaches your vehicle they are cautious and worried for their own safety and will react if you make any sudden movement without their authorization. Upon request only, provide law enforcement with your license and registration. The officer will explain to you why he has pulled you over, remember to be polite and not to argue with an officer.
What if I am caught with drugs?
Under N.J.S.A. 39:4-49.1 it is unlawful to operate a motor vehicle while knowingly possessing a controlled dangerous substance or any prescription drug without a valid prescription. This is a motor vehicle offense and not a criminal charge. If you are found guilty of this offense, the court will suspend your license for a period of up to two years.
Sometimes called simple possession, N.J.S.A. 2C:35-10 (a)(4) states that it is “unlawful for any person, knowingly or purposely, to obtain, or to possess, actually or constructively a controlled dangerous substance…[and that] (4) Possession of 50 grams or less of marijuana” is a disorderly persons offense that carries heavy fines and up to 6 months in jail. If you are arrested and charged with possession in a school zone, the court can impose additional penalties. A disorderly person’s offense will be on your criminal record.
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