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Criminal defense: Knowledge of amendments helps

On Behalf of | Sep 18, 2020 | Criminal Defense

If a person is relaxing at home one evening and is surprised by an unexpected knock at the door, he or she might feel nervous or afraid, especially if the person outside the door is a uniformed Florida police officer. Getting pulled over in a traffic stop is another type of situation that can cause the average person anxiety. If police start asking questions or requesting entry to a home or to search a vehicle, it is critical that the person being questioned clearly understands his or her rights, protected under several amendments of the U.S. Constitution. Such knowledge is essential if an arrest is made and a criminal defense is needed.

The Fourth Amendment protects people from unlawful searches and seizures. In short, if a police officer wants to enter a home to have a look around, he or she typically must have a valid search warrant in hand, although there are certain exceptions to the rule. The same goes for searching a vehicle or telling a person to empty his or her pockets.

A person who has been asked to step out of his or her vehicle or is being confronted by police at his or her own front door may invoke the Fifth Amendment right to remain silent. For instance, if a police officer starts asking questions during a traffic stop, such as where the driver has been that day or whether he or she has consumed alcohol, the person being questioned has a right to refuse to answer the questions.

The U.S. Constitution protects Florida residents and all others against cruel and unusual punishment, and every person also has a right to due process of law. If someone is facing charges and believes police or government officials have violated his or her rights, that person may request immediate legal support. A criminal defense attorney can determine whether there are grounds to challenge evidence or request a case dismissal, which are two courses of action that often take place if a personal rights violation has occurred.