Charged with a Crime? Know Your Rights
The war on crime in our post 9-11 world has resulted in a war on the legal rights of citizens. Contrary to TV crime shows, prosecutors and police don’t always handle evidence properly, read people their rights, execute a search warrant legally, or have probable cause.
At the law office of Patrick Artur & Associates, we aggressively defend the rights of our clients by meticulously reviewing police behavior, reports, and evidence. We interview witnesses to determine if investigators or arresting officers violated proper protocol and we identify violations of the Fourth and Fifth Amendments.
If you believe your rights were violated, contact Pennsylvania search and seizure lawyers at the law office of Patrick Artur & Associates. While our office is located in Philadelphia, we routinely represent clients throughout surrounding counties and in fact the entire state of Pennsylvania. We have recently have had great success in Pittsburgh where we have tried over 15 cases.
What Do I Have to Tell the Police?
If you are pulled over or detained by police, you should provide identification and proof of insurance. Otherwise, you are under no legal obligation to talk to police or investigators. If the police appear at your door without a search warrant and want to talk to you, you do not have to let them into your home and can refuse to speak with them. Whether you are approached at home, work, or in public, it is best to ask to speak with your attorney if police continue to badger you with questions.
Can the Police Search My Car?
If a motorist violates a traffic law, is driving erratically, or acts suspiciously, the police have the right to pull them over. If an officer smells marijuana, alcohol, or suspects you of drunk driving, they may be able to take certain police action. Even if you haven’t been drinking or using drugs, if an officer sees a bong on your car seat, he may believe he has probable cause to search your vehicle. We routinely and most often successfully challenge these “plain view” searches.
If you are pulled over for a broken tail light, speeding, or other traffic violation, the police cannot search your car without probable cause. If there is nothing in plain view to give rise to suspicion that you have committed a crime, the police don’t have a reason to search your car. If asked by the police for permission to search your car, you can refuse. However, the police may impound your car in order to secure a search warrant to search its contents later. We challenge these search warrants.
Can They Search My Entire House?
If police arrive at your home with a search warrant, contact a Pennsylvania criminal defense attorney at the law office of Patrick Artur & Associates immediately and then ask to see the warrant.
A search warrant should indicate the areas to be searched and what is being searched for. If a warrant gives the police the right to search your entire house, they have the right to search the whole house. However, they can only look in areas where what is being searched for might reasonably be found. If they are looking for stolen grandfather clocks, they should not be going through your medicine cabinet opening up band aid boxes or looking in your microwave. Do not, under any circumstances, interfere with the police executing the warrant – even if they violate its terms. The remedy we seek is to suppress any evidence so that they may not use it in the case against you because the search has violated your constitutional rights.
When Should My Rights Be Read?
The Miranda case and its progeny indicate that the warnings be given when there is “custodial interrogation”. Many times there are no Miranda warnings given by the police because there is no statement taken from the defendant. Good legal advice is to never say anything to the police without first talking to a good criminal lawyer. Otherwise innocent situations can be turned around in a variety of ways putting the police officer’s focus of attention on someone who has done nothing wrong.
Protecting Our Clients
If police or federal investigators violated your legal rights, our criminal defense lawyers will identify their mistakes and demand that the evidence against you be suppressed. Experienced and aggressive, we understand how to expose police misconduct, illegal searches and seizures, and tainted testimony / confessions.
We fight for you to ensure your legal rights are protected. Contact Pennsylvania search and seizure lawyers at Patrick Artur & Associates today.
