Legal Services of
Kylene Ross
02. Police Custody
Know Your Rights Against Warrantless Search and Seizure
If you have been pulled over or the police have appeared at your door you need to know your Constitutional rights.
Under the Fourth Amendment, you have the right to be free from warrantless search and seizure. However, there are more than 20 exceptions to the warrant requirement that makes this rule of law open to broad interpretation and a factual analysis.
In order to preserve your rights it is important that you always assert your right to be free of warrantless search and seizure, while maintaining complete respect and compliance toward law enforcement. Simply answering, "no" if asked to look around, take a look inside, come inside, or search your vehicle is the right answer.
Always peacefully comply if an officer of the law is searching your person or putting you under arrest.
Know Your Rights To An Attorney and Against Self-Incrimination
You do not have to explain anything and you should not answer questions once you are in police custody. Respectfully inform law enforcement that you would like to call your lawyer, Kylene Ross, before you speak anymore.
Although the process can seem unfair or frightening, always proceed quietly and with respect for law enforcement because all information gathered will be used against you in a court of law.
In the event you are arrested and cannot reach Kylene Ross directly, instruct the person you call to get in touch so that we can begin to look into the charges against you.
Always remember that what you say, including on the phones at the jail, can be used against you in a court of law.
