If you are stopped by a police officer while walking in public or driving on the road, you may wonder how long they can legally detain you, and what rights you may have while being detained. You may also wonder about what kind of legal procedures can properly be done during a stop. Here is a brief rundown of what may happen and what rights you have.

The Purpose of the Stop

A police officer may stop you for several reasons. They may:

• merely want to ask you some questions about some activity or a crime to see if you saw anything or have any other helpful information to give them. 
• be concerned about you if you appear to be in emotional or physical distress.
• want to give you some helpful advice or a warning about safety matters.
• have reasonable suspicion that you have committed an infraction, misdemeanor, or felony.

The length of time they may detain you will vary due to the purpose of the stop. For instance, if they think you have been drinking, it may take them only a few minutes to determine if you are sober or not. However, if they suspect that you might have been involved in a serious crime like an armed robbery, you can expect to be detained for some time, maybe even hours, while they determine whether to arrest you or not.

Your attitude and demeanor could have some bearing on the length of the stop. If you act very nervous or sketchy, or you become belligerent, this can annoy the officer or raise their suspicions that you have something to hide. You should endeavor to appear calm and cooperative. It's also a good idea to keep your hands where an officer can see them and ask for permission to retrieve something if needed.

Legal Procedures

If you become aware that the officer suspects you of a serious crime, you can inform them that 'you never speak to law enforcement without consulting your attorney first.' A police officer doesn't have to read you the Miranda warning unless they intend to arrest you and question you following the arrest. However, the things you say during pre-arrest questioning can be used against you in court.

It is legal for the police to frisk you (do a pat-down) to determine if you are carrying a weapon. Many states have statutes that say you must supply your identification if asked for it.

If the police have probable cause to suspect you of a crime, you can be subjected to more investigation before they arrest you or let you go. If they suspect you of a DUI offense, they may subject you to a field sobriety test which you may refuse in most states  (but probably should cooperate with), but in most states you will automatically lose your license if you refuse a BAL (Blood Alcohol Level) test. If they smell an illegal substance or they see weapons and drugs in open view, they can search your vehicle for other items.

An officer may ask to search your car or even conduct a thorough search of your person. Do not physically resist such requests, but you may clearly say that 'you are not submitting but you won't resist' if they do so.

If you have any question about whether you can leave or not, you can ask the officer if you are free to go. If the officers are continuing to detain you longer than is reasonable and necessary, wait until later to report it.  You will want to note as much as you can about the incident when you are able to.

Reminders

To stay safe and protect your rights at the same time, cooperate with police officers as much as possible and be respectful. Make note of any improper actions for later reporting if you want to, but do not physically resist an officer. Ask politely about your status with them if things seem to be dragging out unnecessarily.

For more information, contact R. Patrick McPherson Attorney At Law or a similar legal professional.