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Am I Being Detained? 6 Questions You Should Ask During Interactions With the Police
October 4, 2024

Am I Being Detained? 6 Questions You Should Ask During Interactions With the Police

Being stopped or questioned by the police can be frightening. If this happens to you, it is important to remember that you have specific rights when dealing with police officers. Understanding your rights can help you protect yourself from being treated unjustly. If police officers stop you, do not try to run or resist. Doing so makes matters worse. Instead, ask these six questions during all interactions with the police in Arizona:

1. Am I Being Detained?

Police officers may try to intimidate you to gain information and evidence. Therefore, ask the officers if you are being detained. You should be free to leave if the officer tells you that they are not detaining you. However, do not just walk away. Instead, ask if you are free to leave. If the officers say that you are not being detained and you are free to leave, then do so. Contact a Tucson criminal defense attorney to discuss what you should do next.

2. Why Are You Detaining Me?

If the officer tells you that you are being detained, ask the officer why. You have a right to know why the police officer is detaining you. In most cases, you are being detained because the officer has a reasonable suspicion that you may have committed a crime. The officer wants to ask questions and gather information to create probable cause for an arrest. You do not have to answer questions. It is best to exercise your Fifth Amendment right to remain silent. Even if the officer arrests you or threatens to arrest you for not cooperating, it is best to remain silent. Answering questions or trying to “tell your side of the story” will likely get you into more trouble.

3. How Long Will I Be Detained?

The police officer will likely tell you they do not know how long you will be detained. However, it is good to ask this question because you should not be detained for an unreasonable period without cause. Therefore, note the time you were detained and the officer’s response so you can tell your lawyer.

4. Do You Have a Search Warrant?

A police officer can pat you down to check for weapons. However, they should not conduct a search without a warrant. If they perform a warrantless search, they must have a legal reason for doing so. Never consent to a warrantless search. However, do not resist if the officer proceeds to conduct a warrantless search. Instead, calmly state that you do not consent to the search. Your attorney will file a motion with the court to argue that any evidence recovered in an unlawful search is inadmissible.

5. Why Am I Being Arrested?

If you are arrested, ask the officer if they have an arrest warrant. Also, ask the officer to tell you the criminal charges you are being accused of committing. Other than asking the officer these questions, you should continue to remain silent.

6. When Can I Speak with a Criminal Defense Lawyer?

You have the right to legal counsel during all phases of your criminal case, including questioning and interrogations. Continue to remain silent during your arrest and booking. If officers question you, tell them you are exercising your right to counsel. Then, ask the officers when you will be permitted to speak with a Tucson criminal defense attorney. Remember, police officers lie when they are questioning people. They may tell you that asking for an attorney makes you appear guilty. An officer may tell you that you do not need an attorney if you have nothing to hide and have done nothing wrong. They may tell you they cannot help you if you ask for an attorney. Do not fall for these tricks. Ask for an attorney, and then stop talking.

Contact an Experienced Tucson Criminal Defense Lawyer at Katsarelis Law Criminal Defense Attorneys Today For Help

For more information, contact the Tucson criminal defense attorneys at Katsarelis Law Criminal Defense Attorneys for a free consultation. Katsarelis Law Criminal Defense Attorneys 177 N Church Ave # 900, Tucson, AZ 85701 (520) 510-0439
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Don’t know where to start yet? It is necessary to find yourself a highly experienced criminal defense lawyer who will help you navigate through better. Speaking with an experienced assault attorney will explain to you the available options and assist you in getting the best possible outcome.

For any charges that need an attorney to help, reach us on 520-510-0439, 177 North Church Avenue, Suite 900, or send us a mail at [email protected]. Our crime attorneys in Arizona and Tucson are dedicated to helping clients achieve the best possible outcomes in their cases. We do this by negotiating with the government, preparing for trial, and litigating motions to suppress evidence. Assault is a serious crime that could result in jail time and other penalties. Let us help you avoid these consequences as much as possible.

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