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FREQUENTLY ASKED QUESTIONS

The following FAQs are for informational purposes only and should not be considered as legal advice:

Q.  What are my rights when a police officer stops me?

A.  Police and citizen encounters occur at three levels, but only two require constitutional justification. A police officer does not violate the Fourth Amendment of the United States Constitution by merely approaching an individual on the street and asking if he is willing to answer some questions and requests to see identification. This is not “a seizure”, but once the questions are posed in such a way, and under such circumstances, that a reasonable person would think he is not free to leave, the encounter becomes an “investigative” stop. A policeman can only justify such a stop if he has a reasonable suspicion, based on objective facts, that you are involved in criminal activity. A “hunch” is not justification. Asking questions such as “are you doing anything illegal” amounts to a “seizure”. Finally, a police officer may arrest an individual when "probable cause" exists.

NEVER RESIST ARREST- Even if you know the policeman is acting improperly, you must submit. The law says that whether a stop or a search is improper, is a legal issue to be determined in court. If the law allowed you to resist, it would only lead to violence and possible harm to all involved.

Q.  Can the officer search me?

A.  An officer may search you to protect him or herself. Whether there is good cause for him to make a protective search is a question, which is separate and apart from the issue of whether he is allowed to stop you. A policeman may only search you for weapons if a reasonable person in his position would think that his safety is jeopardized. He must be able to point to facts from which he reasonably inferred that you were armed. Again, hunches or subjective impressions are not enough, but if an officer arrests you, he is clearly allowed to search you pursuant to the arrest. If however, he has taken you out of your car and then arrests you, he is not allowed, under New Jersey law, to then search your car as part of the arrest.

In encounters with the police, you should always be sure not to antagonize them. But you should not cooperate to the extent that you implicate yourself.  If police are urging you to a make a statement “to help yourself”, and you know the statement would be an admission of guilt, always assert your right to remain silent. Such a statement only helps the police and it will never make things “easier” for you no matter what they say.

This only intended as a broad outline of your rights. The law of search and seizure is extremely fact sensitive. Every situation is different.

Disclaimer: This site and any information contained herein are for informational purposes only and should not be considered as legal advice.

CONTACT INFORMATION

One River Center
331 Newman springs Road
Building 1,4th Floor
Suite 143
Red Bank, New Jersey 07701
Telephone: 732-784-2838
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