What to Know About Your Rights When Being Arrested

Being arrested can be a frightening, overwhelming, and stressful experience. However, it’s vital to be aware that every individual who has been arrested for a crime has certain rights under both the United States Constitution and New Hampshire law. If law enforcement violates any of your rights when being arrested, you may be able to use this as part of your defense strategy and have the evidence obtained by law enforcement suppressed.

Here are five things you should know about the rights you have in the event you are arrested by law enforcement:

1. You Have the Right to Remain Silent

One of the most crucial rights when being arrested is the right to remain silent under the Fifth Amendment. Also known as your Miranda rights as established under the U.S. Supreme Court case, Miranda v. Arizona, this principle safeguards you from self-incrimination and protects you from answering any questions that could be used against you in the prosecution’s case. The police must inform you of your right to remain silent upon custodial interrogation. However, you must invoke it by clearly informing law enforcement that you are choosing to remain silent.

2. You Have the Right to an Attorney

Under the Sixth Amendment of the U.S. Constitution, you have the right to counsel upon arrest. You also have the right to have your attorney present during police questioning. If you cannot afford to pay for an attorney, you can request that the court appoint one for you, who is paid for by the state. Critically, if you do decide to speak with the police, you should not do so without an attorney by your side.

3. You are Protected Against Unlawful Searches and Seizures

The Fourth Amendment protects the accused against unreasonable searches and seizures conducted by the government. The New Hampshire Constitution also provides these safeguards. This means that the police cannot search your person, home, or vehicle without a warrant or probable cause. Importantly, you are not required to give your consent to a search if asked by the police — but if you do, the consent must be given voluntarily and not coerced.

There are several exceptions to the search warrant requirement that should be noted. These include the following:

• Exigent circumstances — This exception allows for searches to be conducted without a warrant in an emergency situation that requires immediate action.
• Plain view doctrine — The plain view doctrine allows law enforcement to seize evidence without a search warrant when it is clearly visible and in plain view during a lawful observation.
• Search incident to arrest — A search incident to arrest is a narrow exception to the Fourth Amendment’s requirement that law enforcement obtain a search warrant. A search incident to arrest is constitutional if the arrest was made lawfully; the search is limited to the person being arrested and the area within their wingspan and the search is reasonable to ensure that the arrestee is not carrying a weapon.

New Hampshire law provides additional protections beyond those afforded under the Fourth Amendment. For example, a search warrant is required for most types of electronic surveillance.

4. You Have the Right to Know the Charges Against You

Under the Sixth Amendment, you have the right when arrested to know the criminal charges against you. This is part of your due process rights and ensures you have the opportunity to prepare a complete defense. Significantly, the indictment must clearly state the crime with which you are being charged. You must also be able to confront witnesses against you, including law enforcement, civilians, and the alleged victim.

Contact an Experienced New Hampshire Criminal Defense Attorney

If you’ve been accused of a crime, it’s essential to understand your rights when being arrested. A skillful criminal defense attorney can best evaluate your case to determine whether your rights were violated and develop a viable defense in your case. Offering trusted counsel and aggressive representation, the attorneys at Beaton & Kiers provide a dedicated defense to clients throughout New Hampshire who have been arrested for various criminal charges. To learn more about how we can help, contact us to schedule a consultation.