Three recent decisions from the Oregon Supreme Court dealt with what exactly is a police stop and what is a seizure of a person by police. In one of those cases, State v. Highley, the Court found that just because the police were having a conversation with a defendant and inquiring about his probation status, he was not seized. After checking his identification, that man was free to leave. Because he stayed and consented to a search which revealed a controlled substance, he was arrested and his conviction stood. As a Portland Criminal Defense Lawyer, this case shows why it is important to know your rights when dealing with police.
Portland Criminal Defense Lawyer on Understanding Your Rights
When people are stopped and questioned by police, it may feel like they are under arrest or have no rights. This is not the case. If you are stopped by police and questioned, you should:
- Remain calm and be polite
- Do not obstruct police
- Remain silent and express that right
- Refuse to consent to a search of yourself or belongings if you are not under arrest
- Silently walk away if you are not placed under arrest
Some people may feel pressured to allow the police to search them even though they may have contraband. This is unwise because once you consent to a search, a Portland Criminal Defense Attorney will not be able to suppress that evidence. By following the advice above and by asserting your rights, you may be able to keep yourself out of trouble.
If you have been stopped by police and you feel a search was against the law, contact a Portland Criminal Defense Attorney at Corbridge & Kroll. We will make sure any evidence against you was collected legally and will fight for your freedom.