Not only should you learn your rights, but you should also further your knowledge to how they apply in your possible encounters with police. (1) The provisions of the 4th Amendment to the United States Constitution are applicable to any detention of a person for investigation of suspected criminal conduct irrespective of whether or not the detention amounts to an arrest or not; however, such a temporary detention is not a violation of the 4th Amendment if the officers acted upon specific and articulable facts which would warrant a man of reasonable caution in the belief that the action taken was appropriate; in other words, the officers may act on something less than probable cause, but they may not act simply on the basis of good faith based upon nothing more substantial than inarticulate hunches. (2) A police officer who has temporarily detained a person for investigation of suspected criminal conduct without making a formal arrest is not required to warn the detained person of his constitutional rights under Miranda v. Arizona, 384 U.S. 486, 16 L.Ed. 2d 694, 86 S.Ct. 1602 (1966), until the initial suspicions which led the officer to make the stop are transformed into probable cause to believe the person confronted has committed an offense or until the suspect has a reasonable basis in fact to believe that he is under arrest (i.e., in custody of the police and not free to leave); at either of these points, the required warnings must be given in order to insure the admissibility in evidence of any incriminating statements thereafter made by the suspect. atg.wa.gov/AGOOpinions/opinion.aspx?section=archive&id=5548
Posted on: Mon, 01 Dec 2014 00:50:17 +0000
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