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When can police detain you legally, and how do you know if officers exceeded their authority during your encounter? Knowing which questions to ask officers protects you from self-incrimination and illegal searches while preserving your ability to leave the encounter when legally permitted. At Shealey Law Firm, our experienced Columbia criminal defense lawyers educate clients about their rights during police encounters and challenge arrests that violate constitutional protections.
What Does It Mean to Be “Detained” vs. “Arrested”?
Being detained occurs when officers briefly restrict your movement based on reasonable suspicion of criminal activity. Specific, articulable facts must support these temporary investigatory stops (Terry stops). They last only long enough to confirm or dispel the officer’s suspicion. Detention does not require probable cause, but it cannot be based on a mere hunch.
An arrest is a more serious deprivation of liberty and requires probable cause to believe you committed a specific crime. During an arrest, officers take you into custody, transport you for booking, and formally charge you. Arrest procedures in South Carolina require officers to inform you of the charges.
Your Constitutional Rights During a Police Encounter
The Fourth and Fifth Amendments protect you from government overreach during interactions with law enforcement. Your constitutional rights during a police encounter include:
- Right against unreasonable searches
- Right to remain silent
- Right to an attorney
- Right to be free from excessive force
- Right to leave if not detained
The South Carolina Constitution protects citizens from unlawful detention and search, and seizure. We hold officers accountable when they exceed their authority and infringe upon the constitutional protections every South Carolinian enjoys.
The One Question That Can Protect You During a Stop
The most critical question you can ask is, “Am I being detained?” The answer defines your legal status and tells you whether you must stay or are free to leave. Courts assess the legality of a stop by considering whether a reasonable person would have felt free to leave.
If officers confirm you are not detained, you may politely end the encounter and walk away without answering further questions or consenting to searches. If officers state you are detained, ask what crime they suspect you of committing to create a record of their stated justification.
Do You Have to Talk to the Police?
You have no legal obligation to answer police questions. You must provide identification when officers have reasonable suspicion or probable cause to detain you. South Carolina law requires you to identify yourself during lawful stops. However, you may decline to discuss your activities, destination, associates, or any other topic officers raise during questioning.
Politely inform officers that you choose to exercise your Fifth Amendment right to remain silent and request an attorney if they continue questioning you. Silence cannot create reasonable suspicion or probable cause for arrest. Still, officers often pressure citizens into talking by suggesting that cooperation will benefit them.
What to Say and Not Say If You’re Stopped
Certain statements protect your rights while maintaining respectful communication with law enforcement. Things to say include:
- “Am I free to leave?”
- “I do not consent to any searches.”
- “I am exercising my right to remain silent.”
- “I want to speak with an attorney.”
- “I do not want to answer questions without my lawyer present.”
Avoid making statements that provide officers with evidence they can use against you in court. Never admit to criminal activity, discuss your alcohol or drug consumption, explain where you traveled or what you did before the stop, make excuses or offer explanations for suspicious circumstances, consent to searches of your person or vehicle, or agree to perform field sobriety tests.
Can Police Lie to You During Questioning?
Yes. Law enforcement officers routinely employ deceptive tactics to elicit confessions and incriminating statements from suspects. Things they are permitted to lie about:
- Evidence: Officers can falsely claim they have fingerprints, DNA, or video footage linking you to crimes even when no such evidence exists.
- Cooperation: Police may say a co-conspirator confessed when they have not. Or that they have a witness when they do not.
However, officers cannot lie about the law itself, such as falsely claiming you must answer questions or that refusing a search constitutes a crime. They also cannot fabricate court orders, warrants, or official documents to trick you into waiving your rights or consenting to searches.
How a Columbia Criminal Defense Lawyer Can Help if Your Rights Were Violated
When police violate your constitutional rights during detention or arrest, hiring a qualified Columbia criminal defense lawyer can be the difference between severe penalties and case dismissals. We pursue multiple legal remedies:
- Suppression of evidence: Filing motions to exclude illegally obtained statements, physical evidence, and test results from trial, which often results in dismissal of charges.
- Civil rights litigation: Pursuing damages against officers and departments that violate your Fourth and Fifth Amendment protections through unlawful searches, excessive force, or coerced confessions.
- Negotiated resolutions: We use constitutional violations as leverage to negotiate favorable plea agreements or convince prosecutors to dismiss charges entirely.
- Jury trial advocacy: We present evidence of police misconduct to juries, which creates reasonable doubt about the reliability and credibility of the state’s case.
Contact Shealey Law Firm to get a consultation with an experienced Columbia criminal defense lawyer who will review every aspect of your interaction with police and fight to protect your freedom.