Download The Criminal Law Handbook: Know Your Rights, Survive the by Paul Bergman PDF

By Paul Bergman

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Extra resources for The Criminal Law Handbook: Know Your Rights, Survive the System (Criminal Law Handbook)

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If an officer can convince a judge that the officer was engaged only in general questioning, and would have let the suspect walk away had the suspect chosen to do so, whatever the suspect says to the officer can be used against the suspect at trial despite the lack of Miranda warnings. 21. Do the police have to give me a Miranda warning if I’m stopped for a traffic violation? No, so long as the police officer simply asks a motorist for identification and limits discussion to the traffic offense for which the officer stopped the motorist.

S. Constitution places limits on the power of the police to make arrests; search people and their property; and seize objects, documents and contraband (such as illegal drugs or weapons). ” Search and seizure law is constantly in flux and so complex that entire books are devoted to it. This chapter answers the most basic questions that people might have about search and seizure law, but if you have more specific questions about arrest (technically, a kind of seizure), see Chapter 3. Other resources go into search and seizure in more detail.

Can I be arrested for refusing to answer these questions? No. An officer has the right to conduct a field sobriety test of a suspected drunk driver. But the driver has the right to refuse to answer questions. In such a situation, the validity of an arrest would depend solely on the person’s driving pattern and performance on the field sobriety tests. ) 6. An officer who pulled me over for a traffic offense said that I’d be arrested if I didn’t supply identification. Is this legal? 8. If I don’t have to answer questions, does this mean I can sue a police officer for trying to question me?

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