Know Your Rights: A Guide to Police Questioning in Maryland
It is critical to understand your rights, particularly when dealing with police questioning in Maryland. Even when you declare your rights, you cannot count on cops to uphold them or act in a way that ensures your safety. Hence, understanding potential questions and how to answer them is crucial to defending yourself in the heat of potential arrest or arrest.
What fundamental legal rights do I have if the police stop me in public?
Stay calm in the case of arrest by the police keeping your hands in a visible way. Do not argue with them or resist arrest, but remember that you have rights. The police may request for your detailed information like your name but they may not require you to tell them about your immigration status, where you are heading to or coming from.
You are free to share any information you feel compelled to in an attempt to be of assistance. For instance, you could want to assist the officer in locating the suspect after witnessing a robbery a few blocks away. You are, however, under no need to respond to such inquiries, and doing so essentially constitutes a waiver of your rights.
The following are the specific rights you should know.
The Rights You Should Know
Miranda Right
Before any interrogation, while you are in custody, police must advise you of your Miranda rights. Two examples of these rights are a lawyer’s presence and the right to silence. You might be unable to use any comments you make in court if the police do not read you your Miranda rights.
Right to an Attorney
It is your right to consult with a lawyer and to have them present when you are being questioned. The state will appoint a lawyer if you cannot pay for one.
Right to Stop Questioning
Just like the police can decide to question you, you can also decide to stop your interrogation with them anytime.
Right to Remain Silent
You are not obligated to respond to the police officer’s inquiries. Before answering any more questions, please state that you prefer a lawyer to be present.
Right to Record
In all states, you can take pictures and videos in public areas, including when police enforcement is present, provided that you do not obstruct their work. Additionally, people can be photographed in a public setting (e.g., parks, streets, sidewalks, and protests). This implies that provided you refrain from interfering, you also have the right to record police encounters that do not directly involve you.
Exemption from Search
You are exempted from search if you are not arrested or the police are without a search warrant. Anything they discover, even incriminating, may be disregarded if they conduct an unauthorized search despite your refusal to comply. The Constitution’s Fourth Amendment guarantees the right to be free from search and seizure without a warrant.
Staying Safe in the Face of Police Questioning in Maryland
The police should read your Miranda rights when they arrest you. When it is safe to do so, you should speak with a civil rights legal defense organization or file a police misconduct claim if you were unlawfully held (i.e., arrested without reasonable cause). Even if you think the arrest is illegal, it is usually advisable for you to remain silent and not struggle until then.
Understanding your rights, obligations, and practical issues is crucial before the police stop you. Having this knowledge in advance will help prevent interactions with the police from turning violent or endangering your freedom.
Jared Monteiro, Esq, our rights lawyer, will expose you to the crucial rights you should know when police stop you as a car owner or driver in Maryland.
