“Stop-and-frisk” policies have been implemented throughout the country, including New York State. These polices allowed police officers to temporarily detain individuals with little or no suspicion that the person had committed (or was about to commit) a crime. In many instances, these policies have been found to be unconstitutional.
If you have been detained and searched by a police officer without cause, your constitutional rights may have been violated. Contact us today if you have any questions.
What Should I Do if I Have Been Stopped By the Police?
There are some important things that you should always do if you have been stopped by the police.
- Remain silent and request an attorney. You have the right to remain silent and you have the right to an attorney. If you are questioned by a police officer, simply say: “I wish to speak with my attorney and to remain silent.”
- Try to remain calm. You should not become aggressive with police officers. Aggression can lead to criminal charges, so try to remain polite and follow instructions.
- Gather information. An arrest is a confusing and intimidating time but try to gather as much information as possible.
Furthermore, if you are able, gather the contact information of any witnesses. If you have been injured, then you will want to seek medical attention and take photographs or video of those injuries.
Always remember that you have rights and that you should exercise those rights. Contact one of the criminal lawyers at Epstein & Conroy, P.C. to discuss your case immediately if you have been arrested.
Must I Allow Police Officers to Search My Home or Property?
Police officers and other government officials may only search your home or property in certain situations.
- Warrant. The government usually must have a warrant to search your home or property. If a police offers says he or she has a warrant to search your home or property, then you should request to see a copy. Check the warrant to make sure the information is accurate – especially the address.
- Emergency. Police officers and other government officials may enter your home or property in the case of an emergency, such as a shooting or fire.
- Consent. If no warrant or emergency is present, then the government official must get your consent prior to entering your home or property. There are generally few good reasons to consent to a search and there should be no repercussions for denying access.
Contact us immediately if you believe that you, your home, or your property has been subjected to an unlawful search.
How Can a Criminal Lawyer Help Me?
It is the job of a criminal lawyer to protect your constitutional rights – this is a job we take very seriously. At Epstein & Conroy, P.C., we believe that your criminal defense should include ongoing and honest communication. We will clearly explain all your rights and options under the Constitution and New York State law.
Contact our criminal lawyers in Brooklyn today.
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