Every citizen in the United States is given several constitutional rights. These rights can help people if they encounter the police and are afraid of facing an arrest.
To learn more about your rights, here are three amendments you should know:
Recording the police
There is always the possibility that a member of the police force will abuse their power and violate a person’s rights. Under the First Amendment, citizens can make the police accountable for their actions by recording them as long as it does not interfere with police duties and is recorded on public property. A recording of the police could be used as a defense if the police did abuse their power.
Home and vehicle searches
The police may search a home or vehicle for incriminating evidence, such as illegal substances or weapons. This evidence could be used by the prosecution in court against the defendant. However, the search must have been reasonable or the evidence could be dismissed. Under the Fourth Amendment, a lawful search must have either been consensual or done after obtaining a warrant, having probable cause or a lawful arrest.
Incriminating comments
Many people will mistakenly say something that may tie them to a crime. Any self-incriminating comments the defendant says could be used against them in court. However, under the Fifth Amendment, people have the right to stay silent if they are asked questions. By pleading the Fifth, defendants are stating they are still willing to cooperate with the police even if they are not willing to make any comments.
Knowing about your constitutional rights can protect you from life-changing charges, fines, incarceration and a criminal record. Legal guidance can help educate you on your rights and defense options.