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A suspect’s rights when dealing with police

On Behalf of | Apr 25, 2022 | Drug Charges |

Drug possession charges could result in severe penalties under Nebraska law if a conviction is obtained. Still, regardless of the circumstances surrounding the arrest, all suspects have constitutional rights. However, many do not exercise those rights because they are unaware of them. Suspects might not realize that speaking to the police could make their potential defense more challenging. Such might be the case even when the person is entirely innocent.

Dealing with being stopped by the police

The police could stop someone for many reasons, but they must have probable cause to make an arrest. Although someone might appear suspicious, stopping a driver or a jogger because they look suspicious probably won’t meet the legal threshold of probable cause. Now, the police may only ask someone to answer a few seemingly harmless questions, and the person doesn’t realize the trouble answering them could yield.

A police officer might even ask someone questions about another person, but the true goal involves getting the present individual to incriminate themselves and others. The average person might not realize they may be able to leave if not under arrest.

Constitutional rights and drug possession charges

Arrests related to drug possession and distribution typically come after a search. When the police do not have probable cause to stop or search someone, the charges may not hold up as any procured evidence might be inadmissible.

A suspect might face other charges based on statements made to the police even when other charges face dismissals. Failing to invoke the right to remain silent and speak to law enforcement or doing so without an attorney present could create enormous problems.