Rights During a DC Drug Arrest

It is important that everyone knows what their rights are when they come in contact with the police. Thanks to the U.S. Constitution, people have certain protection concerning arrests. To find out more information on your rights during a DC drug arrest, contact a seasoned lawyer. An attorney could inform you on how you could possibly avoid further charges when you are under an arrest.

Miranda Warning

When a person is being investigated for a drug-related offense or believes that they are about to be arrested on a drug-related charge, the most important thing to remember is that the police are not required, in most circumstances, to notify them of what their rights are. Many people are familiar with the Miranda Warning, and it is a common misconception that the police have an obligation to read them their rights at the time of an arrest or at the time of an investigation. The police do not have to notify a person of all of their rights, they only have to notify them of what kind of crime they allegedly committed.

Although the police may not be required to give someone their Miranda Warning, it is important to know that does not mean a person still does not have those protections. The right to remain silent while being investigated is a right. This could help people avoid self-incriminating themselves by giving damaging information on their situation.

Police Can Lie During an Investigation

The police are not required to be honest with the person they are investigating. As a matter of fact, the police are frequently not honest with people by design. The police are permitted to lie to them, manipulate them, and tell them that they have evidence against them that they do not have, all for the purpose of trying to get the person to incriminate themselves. The most important thing to remember when a person is being investigated or arrested is that in all stages, they are not required to answer an officer’s questions. This is one of the rights during a DC drug arrest that always exists.

The police also cannot treat someone more harshly because they decline to answer their questions. They cannot charge a person with additional crimes for not answering their questions and they cannot assume they are guilty, merely because they decline to answer their questions.

Declining a Search

One of the essential rights during a DC drug arrest is to decline to be searched. However, this does not mean that the police will not conduct that search anyway. There are many exceptions that allow the police to be able to search people’s homes, cars, or bodies without a person’s permission and without a warrant. A person still has the right to say no if the police ask to search.

Even if the police searches anyway, making it clear that they do not consent to the search gives the person a better chance of being able to have their attorney challenge the search and suppress any evidence the police claims to have found as a result of the illegal search.

There are a number of reasons why the police may conduct a search legally without a warrant and they do not need a person’s permission. However, if the police are asking if they can conduct a search, most of the time that means they do not have the legal authority to conduct the search.