frequently asked questions
Can they use force to arrest me?
A law enforcement officer may use as much force as is necessary to arrest you. Unreasonable force is assault. After arrest, a law enforcement officer may handcuff you if you attempt to escape or the officer considers it necessary to prevent you from escaping. If you claim that force was used to arrest you, a judge will decide whether or not the force used was reasonable in the circumstances.
What is probable cause?
There is not a bright-line rule establishing precisely defining probable cause. However, Probable cause generally requires objective facts indicating a likelihood of criminal activity. A law enforcement officer’s hunch, with nothing more, will not satisfy the requirements. Example: Officer Tricky observes Tom and Dick walking down the street. Officer Tricky has a hunch that Tom and Dick are up to no good. Armed with nothing more, Officer Tricky goes to the local judge and attempts to get a search warrant for the boys’ home. Should a judge grant the warrant? No. A law enforcement officer’s hunch, with nothing more, will not satisfy the probable cause requirement. However, if Officer Tricky observed Tom and Dick conduct a drug deal, then probable cause would likely exist for a warrant to search their home.
If a law enforcement officer knocks on my door and asks to search my home, do I have to let the officer in?
Unless the officer has a warrant, you are under no legal obligation to let the officer search your residence. Say NO!
What if I agree to the search?
If you voluntarily consent to a search of your home, automobile, or person, then the officer can conduct a full search without a warrant. Anything that the officer finds can later be used against you in court.
What is the Plain View doctrine?
Law enforcement officers do not need a warrant to seize contraband that is in plain view if the officer is in a place that he or she has a right to be.
EXAMPLE: Officer Tricky is standing in your doorway talking to you about the weather. While talking, Officer Tricky notices a bag of cocaine and a sawed-off shotgun on your couch. Officer Tricky can legally seize these items without a search warrant because they are in plain view.
If I am arrested, can the officer search me?
Law enforcement officers do not need a warrant to conduct a search after making an arrest. After making an arrest, the officer can legally search the person being arrested and the area in the immediate control of the person. This is often called search incident to arrest.
What is Bond?
Bond is money or other property that is deposited with the court to ensure that the person accused of a crime will return to court when he or she is required to by the judge. If the defendant returns to court as required, the bond will be returned at the end of the case, even if the defendant is ultimately convicted. However, if the defendant does not come to court when required or violates his or her bond conditions, the bond will be forfeited to the court and will not be returned.
What happens at a bond hearing?
The accused is brought before a judge when an arrested for a violation of a criminal law. The judge will conduct a pre-trial bond hearing to determine the initial amount of bond and any special conditions of release, or deny bond.
The bond decision may be appealed to the trial judge who will re-examine the evidence and may reduce the bond. A violation of any pre-trial release or bond pending a required court appearance could result in the issuance of an arrest warrant or a hearing to determine if pre-trial release should be revoked.
What happens at an arraignment?
You will appear before a judge who will tell you officially of the charges against you at arraignment and ask for an initial plea - generally you should plead not guilty. At the arraignment, an attorney may be appointed for you if you cannot afford one, and bond can be raised or lowered.
If you are charged with a misdemeanor, you can plead guilty or not guilty at the arraignment or, if the court consents, you can plead nolo contendere (no contest), meaning that you will not contest the charges. Legally, this is the same as a guilty plea, but it cannot be used against you in a non-criminal case.