Being arrested can be a stressful and confusing experience, especially if you’re innocent or it’s your first brush with the law! It’s important to understand your rights to ensure you’re treated fairly throughout the process and to speak up if law enforcement officers don’t follow procedure or disregard your rights. Here are 18 things the police cannot legally do to arrestees.
Arrest You Without Probable Cause
The police cannot arrest you ‘on a whim’ to satisfy personal grievances or based on a hunch. They need probable cause (a reasonable belief that you committed a crime based on evidence or witness statements). This belief must be based on specific facts and evidence, not just suspicion, personal feelings, or speculation.
Use Excessive Force
The Police Brutality Center states, “Excessive force is a type of police brutality that refers to the use of force beyond what a reasonable police officer uses to question or apprehend a person.” Police are authorized to use the minimum force necessary to make an arrest. If you’re not resisting arrest, the police cannot use excessive force such as punches, kicks, or tasers.
Discriminate Against You
In the eyes of the law, everyone is created equal. The police cannot arrest you based on your race, ethnicity, religion, gender, sexual orientation, or socioeconomic status. You can only be arrested if you are reasonably suspected of having committed a crime, and the police must respect your legal human rights, no matter who you are.
Enter Your Home Without a Warrant
Your home is considered a private space protected by the Fourth Amendment, and police officers cannot enter it without a warrant, even to arrest you, except under very specific circumstances. Generally, the police cannot enter your home unless they’re in ‘hot pursuit’ of a suspect, have reason to believe a crime is in progress, or someone is in danger.
Interrogate You Without Reading Your Rights
If you’re in custody and the police intend to question you, they must read you your Miranda rights. These rights include the right to remain silent and the right to an attorney, which only apply to suspects (not individuals freely volunteering information). You have the right to waive these rights, but ensure you understand them before you do.
Deny You the Right to an Attorney
According to the aforementioned Miranda rights, you have the right to consult with an attorney at any point after you’re arrested, even if you initially refuse. Justia states that the police cannot prevent you from contacting a lawyer or delay your access to one. They cannot continue to interrogate you until the requested lawyer is present.
Coerce You into a Confession
The police cannot use threats, intimidation, or promises of leniency to pressure you into confessing to a crime. This is one reason why every interrogation is faithfully recorded. Any confession obtained through coercion isn’t admissible in court, so it’s not in the police officer’s benefit to use such tactics anyway.
Deny You Medical Attention
If you’re injured during your arrest or become ill while in custody, you have the right to receive medical attention, and that should take priority over interrogation or body searches. The police cannot deny you necessary medical care, and failure to do so is illegal. Ensure you inform officers of any injuries or relevant medical conditions upon your arrest.
Hold You for an Unreasonable Amount of Time
The police cannot hold you in jail for an unreasonably long period without charging you with a crime. The precise time frame for this varies depending on the jurisdiction, but you cannot be held indefinitely without due process. In California, for example, a suspect must be brought before a judge to be charged within 48 hours of arrest or release.
Search You (Except in Certain Circumstances)
The police generally need probable cause or a warrant to search your belongings or perform a strip search. Unless they have reason to believe you’re carrying a weapon or other dangerous device, a search cannot be conducted without your consent. You have the right to refuse a search if the police don’t have a warrant.
Deny You a Phone Call
Dolan Law Firm asserts that arrestees have a constitutional right to a phone call or several calls. In most jurisdictions, you have the right to make a ‘reasonable’ number of calls after being arrested. The police can only deny this right in specific situations, such as if the call could be used to threaten someone or tamper with evidence.
Seize Your Property
Except in certain circumstances, the police cannot seize your property without probable cause or a warrant. They can only take your property during your arrest if it’s evidence of a crime, used in criminal activity, or in danger of destruction. However, once you’re arrested, they have the right to seize your property and even that of witnesses or acquaintances.
Pressure You to Take a Polygraph Test
Polygraph tests, also known as lie detector tests, are not 100% reliable and are not admissible in court. The police cannot force you to take a polygraph test against your will or use the evidence from one as concrete proof of a crime, even if you agree to it voluntarily.
Deny You Food and Water
Access to food and water is a human right that the police must fulfill while you are in custody and unable to get your own meals or drinks. While there is no set time frame, you cannot be denied access to food and water for an ‘unreasonable’ amount of time. However, the police aren’t typically obligated to fulfill every dietary requirement or personal preference!
Search Your Car
Unless the police have a warrant or probable cause, they can’t search your vehicle. Exceptions to this rule include searching the area within your reach (one arm’s length) at the exact time of a lawful arrest or if they have cause to believe the car contains evidence of a crime or is actively involved in criminal activity.
Detain You for Investigatory Purposes
The police can detain you for questioning if they reasonably suspect you are involved in a crime. ‘Reasonable suspicion’ is a lower standard than ‘probable cause,’ but it still requires the officer to have an objective reason for suspecting you. This cannot be based solely on a hunch or a person’s race, ethnicity, or coincidental proximity to a crime.
Deny You the Right to Remain Silent
While a silent and unresponsive suspect is likely frustrating for any police officer, your Miranda rights give you the right to say absolutely nothing. You don’t have to answer questions beyond identifying yourself and providing your registration and proof of insurance. Any attempts to threaten you with legal action based on unresponsiveness aren’t legal.
Threaten You
A police officer cannot promise negative repercussions for you or your loved ones beyond the realistic potential outcomes of your arrest, conviction, and trial. They cannot threaten you with violence or revenge should you fail to comply, and they aren’t allowed to publicly disgrace you either.