America’s founders had a strong dislike of government intruding unnecessarily into private citizens’ lives. The U.S. Constitution’s Fourth Amendment protects against unreasonable searches and seizures, and its Eighth Amendment against cruel and unusual punishment. The other side of the coin, however, is the government’s duty to ensure public safety.
So, just as we are free to drive our red Mustang down a highway, the police are also able to detain people for questioning when they have a reasonable suspicion that something isn’t right. For example, if there is a reported hit-and-run by someone driving a red sports car on the highway—and you drive a red sports car—you might be pulled over for questioning.
Once the police determine that your red sports car shows no paint chips, scratches or dents, you should be free to leave. On the other hand, if your car shows evidence of a collision, the police may have probable cause for an arrest. Probable cause is more than suspicion or a hunch – it arises from facts and circumstances. A police officer can also conduct an arrest if he or she observes a crime or has a warrant from a judge.
If the police do not follow proper protocol during detainment, the person whose rights were violated can, with the assistance of a lawyer:
The Yonkers criminal defense attorneys at Sayegh & Sayegh have expertise in the New York criminal system and can explain your rights. Contact us online to discuss your case with a Sayegh & Sayegh attorney today.
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