FAQs - Law Firm Bain, Files, Jarrett, Bain & Harrison, P.C. Attorneys Tyler, Texas

If an officer wants to stop me while I'm walking on the street and I know I've done nothing wrong, should I comply?

A police officer may interfere with your freedom of movement only if he has observed unusual activity suggesting that criminal activity is afoot and that you are involved. Even if the officer is mistaken, however, you do not have the right to keep walking. As long as the officer has a good faith belief in your connection to criminal activity, he is allowed to detain you. Stopping you is one thing, however. It doesn't mean that you must answer all of his questions.

If You Run Away

It is not unusual for people who are approached by the police to run away. Some courts have recognized that people of color, in particular, have a well-founded fear of unfair treatment at the hands of the police, and that many people will avoid contact with the police not because they are guilty of a crime, but because they reasonably believe that they may be mistreated or unjustly accused. Other courts view evasive behavior as evidence of guilt, however, and allow the police to rely on it as grounds for a detention.

If I am questioned by a police officer after being stopped on the street, do I have to respond to the questions?

The general rule is that you don't have to answer any questions that the police ask you. This rule comes from the Fifth Amendment to the U.S. Constitution, which protects you against self-incrimination. As with all rules, however, there is an exception. Many local and state governments have anti-loitering laws that require people to account for their presence if the police have a reasonable suspicion that they are loitering. Once the police have asked all of their questions about loitering, however, you don't have to answer any others -- such as questions about a crime in the neighborhood.

A defense lawyer's most sacred piece of advice is this: Don't talk to the police about a crime unless you clearly weren't involved and you want to help the police solve it.

If I am legally stopped by a police officer on the street, can he search me?

Yes and no. A police officer is permitted to briefly frisk your outer clothing for weapons if the officer reasonably fears for his safety. If a frisk is later challenged in court as being unreasonable, a judge will usually uphold it.

A frisk is different than a search in that a search may be conducted for evidence of a crime or contraband (an illegal item), and may be much more intrusive than a frisk. An officer who frisks you may not search you unless he has good cause to believe that you committed a crime or that you're hiding an illegal item.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.

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