The police must follow a procedure to question and arrest you. If they do not, a judge may decide to void your arrest.
What evidence do you need to prove that the police did not follow proper procedure? There are a few avenues down that a professional may help you explore. Learn a bit about what the police may do wrong and how you may benefit from these missteps.
Did they search without a warrant?
The police must follow protocol when they suspect you of committing a crime. One of these involves obtaining a court order to search you or any property within which they believe you may have evidence. If this did not happen, and the police conducted a search without either your express permission or a court order, you may have grounds for dismissal.
Did they continue questioning you after you refused?
If you expressed a desire not to answer the officer’s questions, it must end. Should the police continue to ask you questions or engage you in conversation that may reveal evidence they use against you, the court may throw out what you said.
Did they fail to read you any part of the Miranda warning?
The police need to ensure that you understand you have rights granted by federal law. These rights include protections against:
- Incriminating yourself
- Representing yourself versus having an attorney
- Arresting you without cause
- Questioning without probable cause
If the police did not read your rights or did not heed your answers, you may have grounds for appeal.
A fundamental part of the judicial system is police procedures and what the law allows. Should any element not go as the law indicates, you have cause to ask a court to reconsider your case.