Criminal Law Frequently Asked Questions . . .

Below are some quick answers to some common legal questions often asked by clients or their family members. This information is not meant to substitute for actual legal advice or analysis  because no two cases are exactly alike and a single small difference in the facts of a case can make a huge difference in the outcome.

 

General Questions . . . What property of mine can a police officer search?
Can a police officer detain me without arresting me?

Whenever the police stop you and have reasonable grounds to suspect that you may have a weapon they are allowed to conduct a "pat-down" or "frisk" of outer clothing to check for weapons.

If you are merely stopped in your car and issued a traffic citation the police generally cannot make a general search of the vehicle unless there is probable cause to believe there is contraband or evidence of a crime located in it.

If you are arrested in connection with a traffic stop, incidental to the arrest, officers may generally search the interior of the vehicle and any containers or compartments.

If you are arrested in your home, incidental to the arrest, the officer can make a search of the immediate area for weapons and evidence without obtaining a search warrant. In some cases they may be allowed to make a protective "sweep" of he entire residence to assure there are no accomplices, or anyone else present who might present a danger to the officers. Any contraband such as narcotics, drug paraphernalia, weapons stolen property, or evidence of a crime can be seized.

 

What are my rights when a police officer starts to question me?
When am I officially "under arrest"?

Can a police officer arrest me without an arrest warrant?

How much force can a police officer use?

What property of mine can a police officer search?

What happens after I am arrested?

If I am arrested how do I get out of jail?

If a Police Officer asks me to take a field sobriety test, can I refuse?
I was arrested several years ago. Can the arrest be expunged or removed from my record?