How Hiring an Experienced Southern California Defense Attorney Can Help You Know Your Rights When Speaking with Police Officers

Many of us are taught from a young age that it is important to cooperate with the police. We are told that cooperation leads to less suspicion of a crime and is the best way to avoid getting arrested. Police around the country are aware of this and are trained to take advantage of this mindset.

Cooperation with the police is always advised – you shouldn’t be aggressive or threatening; but at the same time, you shouldn’t be passive or overly nice. Police officers are trained to investigate. There are certain limitations to police officer investigative techniques but they are often hard to recognize and enforce.

For example, if you are stopped by the police in an automobile, you have been seized and the police officers have a right to search your vehicle and use any evidence found against you. However, if a police officer comes to your home, they generally must have a search warrant to look around and you are not obligated to answer any questions.

As a general rule, when a police officer asks if they can “look around” or “check your bag,” they are really searching for evidence to use against you. If you say “yes” to these questions, then you have waived your constitutional right under the Fourth Amendment to be free from illegal searches and seizures. If this “consent search” turns up any illegal evidence, it can be used against you.

The correct answer to a police officer when he asks to search you or an area around you should be a resounding “no.” At that point the officer might produce a warrant or may state that he will arrest you if you do not cooperate. Do not be fooled by this tactic. If he has a warrant he must show it to you and if he is going to arrest you he must have probable cause. At this point you should call one of the experienced San Diego criminal defense lawyers at Wallin & Klarich.

The attorneys at Wallin & Klarich have over 30 years of experience handling criminal investigations and are well aware of the police tactics used to elicit incriminating evidence. Once we are contacted, our experienced attorneys can deal with police officers directly, ensuring that none of your Constitutional rights are violated. Hiring an attorney from Wallin & Klarich could make the difference between charges being filed or the investigation being halted. Our attorneys can be reached by phone at 1-888-749-0034 or through our website at www.wklaw.com. We can help you.