Seizure Rights

From the Seizure Rights Handbook...
Understand Your
Search and Seizure Rights!

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Fact Sheet

Pedestrian Searches

Vehicle Searches

Home Searches

Miranda and the 5th Amendment

Interrogation Techniques

Drug Investigations

DUI Investigations

Suppression of Evidence

State vs. Federal Court

The Bill of Rights

ATTENTION

These are your search and seizure rights. Don’t give them away.

YOU HAVE THE RIGHT TO:

NOT CONSENT TO A SEARCH

When the police ask, “do you mind if I look in your car?” or “can I look in your backpack?” or “will you empty your pockets for me?” you have the right to refuse.
“I have been advised not to waive my rights. Am I free to go?”

REMAIN SILENT

If confronted by police, stay calm and be polite. In some circumstances you may have to identify yourself. Silence is always better than telling a lie.
“I have been advised not to waive my rights. I would like to speak with a lawyer before answering any questions. Am I free to go?”

NOT INVITE THE POLICE INTO YOUR HOME

If the police knock at the door, don’t panic. In most cases you have a right to not even answer the door. If you need to speak to the police, speak to them through door, unless you are perfectly comfortable letting them in. When the police ask, “May I step into the house?” or “Do you mind if I take a look around?” or “I’d like to talk to you inside the house” or “may we search your house?” you have a right to say no.
“I have been advised not to waive my rights. I would like to speak with a lawyer before answering any questions.”

IF YOU ARE ARRESTED:

Assume all conversations with the police are being recorded. Assume all conversations in a police car, in a jail cell and on the jail phone are being recorded. If the police read you a Miranda warning, they are gathering evidence. Do not think the police will be more lenient if you make a statement or consent to search.