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Am I Being Detained? Questions You Should Ask During a Police Interaction

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Posted By McAdams Law | October 25 2023 | Blog, Criminal Defense, Felonies

Interactions with law enforcement can be intimidating, causing someone to forget certain rights are still available to any Coloradan during questioning. It may be a natural reaction to answer every question asked, but you also have the right to ask questions to understand what is taking place.

Law enforcement interactions have the potential to lead to an arrest, and failing to ask essential questions can be costly. Questioning tactics often pressure individuals to consent to searches when no evidence suggests the law is being broken. Becoming familiar with the following questions can ensure informed decisions are made under pressure and serve as a reminder that contacting a Colorado criminal defense attorney is imperative.

Am I Being Detained?

Being detained is not the same as being arrested. The most critical detail to remember is that individuals have the right to remain silent once they have identified themselves. When law enforcement suspects you have information on or are involved in a crime, they may detain you. However, these suspicions do not mean there is sufficient evidence or probable cause to arrest you in connection with a crime.

As mentioned before, interrogation methods are used to press individuals into admitting to crimes. Gathering vital information to prove someone’s connection with a crime is lessened when people exercise their right to remain silent. It is imperative to take these interactions seriously and contact a Colorado criminal defense attorney in Greeley immediately.

Am I Being Arrested?

It can be unclear whether you are being detained or arrested, leading to confusion. If you ask and are not being detained, then determine if you are being arrested. Probable cause or an arrest warrant is needed to arrest someone legally for a crime.

It is imperative to remember that any admissions of possible wrongdoing can lead to an arrest. Every person has the right to legal representation and to remain silent until representation arrives. However, it is common to feel pressured to do otherwise.

What are the Reasons for My Detainment/Arrest?

Understanding the situation helps better prepare someone for a defense and to seek the proper representation. Everyone has the right to know the reason for being arrested and be made aware of what probable cause resulted in the arrest.

Being detained means no evidence exists to make an arrest. And if you are being arrested, you have the right to know why.

Is There a Warrant to Search?

Law enforcement may request to search your property, but without probable cause or a search warrant, individuals are not required to submit to a search. Granting permission to search your property, even a cell phone, is legal consent, and anything discovered during the search can be used to arrest you for a crime.

Searches of property without a warrant or probable cause are illegal, and immediate contact should be made with an attorney to protect against further violations of your rights. These actions are serious offenses when committed by law enforcement.

May I Speak to My Attorney?

It is a right that everyone can have a lawyer present when speaking with law enforcement. Contact an attorney immediately once you are released if an arrest occurred. Being convicted of a crime can cause significant disruption in your life, and requesting an attorney to be present during interaction with law enforcement is not an admission of guilt.

Working with knowledgeable Colorado criminal defense attorneys is investing in a better outcome for your future. McAdams Law Office understands the adverse potential of being charged with a crime and works relentlessly to defend residents’ rights in Greeley, CO, and surrounding communities against harmful practices during police interactions.


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