Getting arrested can be stressful, but knowing your constitutional rights can help protect you. These rights, granted by the U.S. Constitution, ensure fair treatment under the law.
The U.S. Constitution gives citizens numerous rights, but some are more relevant to criminal cases than others. Here are some Constitutional rights to keep in mind.
The right to remain silent
Under the Fifth Amendment, you are not required to answer police questions. Anything you say can be used against you in court. If an officer starts questioning you, you can simply say, “I am exercising my right to remain silent”. What is most important is that you clearly assert this right to avoid confusion.
Knowing the charges against you
The Sixth Amendment guarantees your right to be informed of the charges against you. The police must tell you why you are being arrested. If you are unsure, you can ask, “What am I being charged with?” This helps you understand your situation and prepare a defense. The police should not withhold this information from you after you ask.
Protection from unreasonable searches
The Fourth Amendment protects you from unlawful searches and seizures. Police usually need a warrant to search your home, but exceptions exist. For instance, if they have evidence of a clear emergency, they may be able to enter and perform a search.
Other than that, if they do not have a warrant, you can refuse a search unless probable cause exists.
If you have been arrested, it’s important to stay calm and remember your rights. Before saying anything, it is generally best to seek some legal guidance, which is also a guaranteed right under the Constitution.