What Are Your Rights During A Police Stop In Baltimore?
A police stop can happen suddenly. In these moments, it’s easy to feel anxious or unsure about what to say or do. But knowing your constitutional rights can help protect you from unlawful searches, questioning, or arrest.
The Fourth, Fifth, and Sixth Amendments of the U.S. Constitution form the foundation of your protections when interacting with law enforcement. When questions arise, speak with a Baltimore police misconduct lawyer about citizens’ rights under Maryland law.
Fourth Amendment: Protection Against Unreasonable Searches and Seizures
The Fourth Amendment protects you from being stopped, searched, or detained without a valid reason. In Baltimore, police must have reasonable suspicion that you’re involved in criminal activity to stop you, and probable cause to make an arrest or conduct a search.
During a traffic stop, for example, an officer can ask for your license and registration, but they cannot search your vehicle without consent, a warrant, or probable cause, such as seeing illegal substances in plain view.
Should you be stopped on the street, you have the right to ask whether you’re free to leave. If the officer says yes, you may calmly walk away. If detained, remain polite but avoid volunteering information. Any unlawful detention or search may later form the basis of a constitutional tort claim for violation of your Fourth Amendment rights.
Fifth Amendment: The Right to Remain Silent
The Fifth Amendment protects you from self-incrimination. In Baltimore, as elsewhere, once you invoke this right, officers must stop questioning you until you have an attorney present. Any statements you make without legal counsel could be used against you in court, so it’s wise to say as little as possible.
If police continue to question or pressure you after you’ve asserted your right to remain silent, this may constitute a violation of your constitutional rights, something an experienced lawyer can review.
Sixth Amendment: The Right to Legal Counsel
When a person is arrested or charged, the Sixth Amendment guarantees a person’s right to an attorney. You have the right to consult with a lawyer before answering any questions and to have your attorney present during any interrogation or court appearance.
You can request a public defender if you cannot afford an attorney. Police are required to inform you of this right through the Miranda warning. If they fail to do so, any statements you made may be inadmissible in court.
The law provides a path to accountability when officers disregard constitutional protections. Speak with a Baltimore police misconduct lawyer as soon as possible if you believe your rights were violated during a police stop. Your attorney can help gather evidence, review body camera footage, and determine whether your constitutional rights were breached.
Where were you when you had a police encounter? Share the details of your experience with the attorneys at Iamele & Iamele, LLP. Whether you are driving in downtown Baltimore or walking through your neighborhood, knowing and asserting your Fourth, Fifth, and Sixth Amendment rights can protect you from unlawful treatment. Contact us when you are ready to take legal action and seek justice.
