"Unlawful detention" in California law -- What is it and how do I fight back? скачать в хорошем качестве

"Unlawful detention" in California law -- What is it and how do I fight back?

Criminal defense attorney Neil Shouse explains when police are allowed to detain, search, and arrest a suspect, and how to fight back if your rights have been violated by an unlawful detention. More info at https://www.shouselaw.com/terry.html or call (888) 327-4652 for a free consultation. The constitution of the United States of America gives certain unalienable rights to everyone on American soil. Among those rights is the 4th amendment which limits the power of the police search and seize property without a warrant. When the police violate your rights to move freely, or search you without probable cause or your consent, this is often done illegally by way an "unlawful detention", and an experienced criminal defense attorney can help you fight back to get the evidence thrown out and any charges dismissed. However there are 3 types of police interactions which are important to understand in order to determine whether someone's rights were violated by way of an unlawful detention. Firstly there is a "consensual encounter". When police approach you in the street, or knock on your door and ask you questions about neighborhood crimes, or if you saw anything suspicious, this is normally what's known as a "consensual encounter". In these types of police interactions the police are not allowed to restrain your movement, and you are free to leave at any time. And of course you always have the right to remain silent and not answer any of the police's questions. In a consensual encounter, the police do not need any probable cause or justification to ask you questions. And our experienced criminal defense attorneys advise our clients to never answer these types of questions if you think the police might suspect you of a crime. You should always politely ask "Am I free to leave?" If the officer says you are not free to leave, then the consensual encounter has become a "detention". The second type of police encounter, is a detention. This is when the police have detained you temporarily in order to determine whether a crime has been committed. You are not free to leave, but you are not yet under arrest either. Examples of a detention are a typical traffic stop, where you cannot leave until the officer finishes writing you a ticket. A DUI checkpoint, or field sobriety test is also a detention. Another type of detention is when the police ask you for your identification and run a warrants check. In order for the police to detain a suspect, they must have "reasonable suspicion" that a crime took place and the suspect was somehow involved. For instance if a robbery was committed by someone who was wearing similar clothes to you, or if a suspect was seen committing a crime in a car that was a similar make, model, and/or color to the car you were driving. These are examples of reasonable suspicion, and if a police officer detained you without reasonable suspicion, then they have violated your rights. During a detention the police can only do what's called a "pat down" search, in order to determine if you have weapons. They cannot do a full search of your pockets or your backpack or purse, unless they believe there is a weapon. If during the detention, the police confirm that you did not commit the crime, or that you don't have any warrants, then you will be released. If they decide that there was reasonable suspicion that you did commit a crime, then they will arrest you. The last type of police encounter is an arrest. In order to arrest someone, the police must have probable cause to believe that a crime took place. During an arrest the police have the right to do a full search of your pockets, any bags you were carrying, and/or your vehicle if you were driving at the time. But the police must meet the much higher standard of "probable cause", and not just "reasonable suspicion". If the police don't prove probable cause in court, then the evidence that led to the arrest may be thrown out. Defendants who have their rights violated by an illegal search, or an unlawful detention, need an experienced criminal defense attorney who can battle in court to fight for their civil rights, and get any charges dismissed. If you or a loved one is charged with a crime we invite you to contact us at Shouse Law Group. We can provide a free consultation in office or by phone. We have local offices in Los Angeles, the San Fernando Valley, Pasadena, Long Beach, Orange County, Ventura, San Bernardino, Rancho Cucamonga, Riverside, San Diego, Sacramento, Oakland, San Francisco, San Jose and throughout California.