Frequently Asked Questions

If you think the police consider you a suspect in a crime, do not speak with the police.  In most cases, they approach you in a friendly, non-assuming manner and they tell you they just want you to tell them your side of the story.  They will act like they are your friend and they are on your side.  However, if they have identified you as a suspect, they are not your friend.  They are trying to gather evidence for a case that they are investigating.  Consequently, questions will be framed in such a way to support their theory and not yours; they are trying to develop their case.  They are not trying to protect your rights.  If they think you did something wrong, they are going to ask questions in such a way that supports their case.  If they make contact with you, immediately tell them that you definitely want to tell your side of the story, but you want to do it through a lawyer.

Usually, NO. Police only have to read Miranda warnings when someone is in custody and then only if they plan on using whatever you say in Court. Thus, if you do not have handcuffs on, in most situations, police are not required to read Miranda Warnings to you.  They may tell you they just have a few questions, that they just want to hear your side of the story.  They will be friendly, act inquisitive and act like they’re concerned about what’s best for you. Just because you have not been read your Miranda Warnings, does not mean that you are not a suspect.  Again, Miranda Warnings are only required during a formal interrogation. When police start asking questions, it’s time to get a lawyer.

A judge issues a search warrant to authorize law enforcement officers to search a particular location and seize specific items. To obtain a search warrant, police must show probable cause that a crime was committed and that items connected to the crime are likely to be found in the place specified by the warrant.

A valid search warrant must meet four requirements: (1) the warrant must be filed in good faith by a law enforcement officer; (2) the warrant must be based on reliable information showing probable cause to search; (3) the warrant must be issued by a neutral and detached magistrate; and (4) the warrant must state specifically the place to be searched and the items to be seized.

Police may only search the particular area and seize the specific items called for in the search warrant. Police may search outside the scope of the warrant only if they are protecting their safety or the safety of others, or if they are acting to prevent the destruction of evidence. Police may seize objects not specified in the warrant only if they are in plain view during the course of the search.

Sometimes. A police officer may stop an individual to conduct a field interview if the officer has reasonable suspicion that criminal activity has been, is being or is about to be committed. During the field interview, the officer may conduct a pat-down search of the outer garments for weapons if the officer has a reasonable fear for his or her own safety or the safety of others.

If evidence is obtained without a valid search warrant, and no exception to the warrant requirement applies, the evidence may be subject to the exclusionary rule. The exclusionary rule prevents illegally obtained evidence from being admitted in a court of law. Evidence gathered on the basis of illegally obtained evidence (known as “fruit of the poisonous tree”) will also be excluded.