5 Things the Police Cannot Do

Here are 5 Things the Police Cannot Do….

1. Take your phone without probable cause that a crime has been committed or search it without a warrant. In addition, the police cannot delete any information contained in your phone.

 

2. Ask you questions while in custody without reading you your Miranda Rights. If they fail to, your answers will generally be inadmissible in court.

 

3. Conduct illegal searches and seizures. If police request to search your vehicle during a traffic stop you don’t have to consent. Same thing if they come to your house without a warrant.

 

4. If you are a pedestrian in Massachusetts and are stopped by a police officer, and asked for identification, you do not have to provide that information. Ask the officer if you are under arrest and if the answer is no, ask the officer if you are free to leave.

 

5. Require you to stop filming. If an officer asks you to stop filming or taking pictures, for example if you are pulled over for a traffic violation, you can decline, as you are not breaking the laws by filming an officer. Just make sure you are not in their way and obstructing their work.

 

Always be respectful to police officers and remain calm. Don’t escalate a situation. If you find yourself in a situation where you think you might require legal counsel, call the law offices of Johnson, Sclafani & Moriarty at 413-732-8356.