If you are suspected of a crime, or if you are arrested, there are certain laws and protections in place to assure that your rights have not been violated when it comes to the process of your arrest and arraignment. In fact, you even have constitutional rights to protect you. Here are a few examples.
The United States Fourth Amendment protects all Americans against unlawful search and seizure. What does this mean? If police pull you over or stop at your home and suspect illegal activity, with a few exceptions they must first obtain a search warrant, arrest warrant or have probable cause before conducting a search.
Most Americans have heard of the Miranda Rights. “You have the right to remain silent,” and so on. This is part of the rights guaranteed by the United States Constitution’s Fifth Amendment, or the right to protect yourself against self-incrimination. If you are placed under arrest and are not told your Miranda Rights, they are in violation of legal procedure.
If police have a search warrant, arrest warrant or have probable cause that a crime was committed and they begin to collect evidence, there is still a chain of custody that must be followed regarding all evidence that is collected. An example of this could be a person suspected of driving while under the influence who has a blood test taken, but the police mistakenly swap her blood with the blood of another suspect. Due to the possibility of evidence tampering or confusion regarding the blood sample, the evidence may be suppressed.
Proving such errors is often not easy. It might be in one’s best interest to find a local criminal defense firm to help along the way.
Post Type: Q&A