What Are My Rights if I’m Stopped by Police in North Carolina?
If you are stopped by police in North Carolina, you have the right to remain silent beyond identifying yourself, the right to refuse a consent search, and the right to ask whether you are free to leave. Officers need reasonable suspicion to detain you and probable cause (or your consent) to search. Staying calm protects those rights.
There are several reasons as to why a police officer may choose to stop you. Aside from conducting a routine stop, police officers are given much deference when it comes to suspecting that someone has violated a law. When someone has reasonable suspicion, they may choose to conduct a search of you and/or your vehicle (if they have separate probable cause). However, there are also limitations to what the police can search.
When you are being pulled over while driving, it’s key that you stay calm and try to pull to the right shoulder or over somewhere as soon as possible without putting yourself or anyone else in any type of unnecessary danger.
The First Amendment
The First Amendment grants you the freedom of speech. Therefore you are free to calmly object to a search of yourself or your vehicle. Additionally, the same amendment allows you to record your experience with the police. You are allowed to take pictures and videos of officers while they are performing their official duties in a public setting. Because police officers require a warrant to go through your cell phone, you have the right to keep your pictures and records. You do not have to delete them if requested or demanded. You must still make sure that you do not interfere with anything that the police are doing while you are exercising the aforementioned rights.
The Fourth Amendment
Under the Fourth Amendment, you can object to an unreasonable search and seizure of your property. This means that if you believe that the police officer did not have probable cause (a legitimate reason) to search your property, you can object. If a police officer believes that you are carrying a weapon he or she may pat you down on (top of) your clothing. You may feel violated or helpless during this situation, but if you believe that a police officer is conducting any type of search or seizure illegally, it’s imperative that you express your lack of consent during the search. This statement can actually serve you during future legal proceedings.
The Fifth Amendment
Finally, under the Fifth Amendment, you are granted your Miranda rights. Miranda rights, which are required whenever police are holding a suspect, explain that you have the right to remain silent, as anything that you say can (and will) be used against you in a court of law. You also have the right to an attorney or an attorney will be appointed to you if you can’t afford one. Additionally, you don’t have to answer anything that the police officer asks. In such a situation you should explain that you are invoking your Fifth Amendment right and request an attorney.
Stopped or searched by police in Carteret County?
If you or a loved one has had your rights violated by a police officer it is imperative that you contact a North Carolina criminal defense attorney as soon as possible. A violation of your rights can overturn an entire case.
At Hancock Law Firm, PLLC, Joel Hancock understands exactly what is at stake, and he will do everything he can to help you fight your charges. To learn more or to schedule a free consultation, contact Hancock Law Firm today!
