Stanton
D. Levenson, P.A.
Law Offices
If you are approached or questioned by police in Pittsburgh, it is important to understand your legal rights. Whether you are stopped on the street, pulled over while driving or contacted during an investigation, knowing what you are (and are not) obligated to do can help protect you from unintentionally harming your case or giving up key constitutional protections.
If you are stopped while driving, you are required to show your driver’s license, registration, and proof of insurance. However, you do not have to answer questions about where you have been or whether you have been drinking. If asked to take a breath test, be aware that refusing may result in consequences under Pennsylvania’s implied consent law, including license suspension. Still, it is within your rights to refuse to answer verbal questions without legal representation.
If you are stopped, first and foremost, know that you have the right to remain silent (save for showing your identification in response to a request to do so, as noted above). This is one of the most important rights under the Fifth Amendment to the U.S. Constitution. You are not required to answer questions from law enforcement about where you are going, what you are doing, or whether you were involved in a particular incident. If you choose to remain silent, clearly state this by saying, “I am exercising my right to remain silent.”
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Second, you have the right to an attorney. If police begin asking questions related to a possible crime, you can—and should—request legal counsel immediately. Once you ask for an attorney, police are required to stop questioning you. This right is especially important if you believe you may be a suspect or if you are being detained. Always ask to speak to a lawyer before answering questions about criminal matters.
If the police ask to search your vehicle, home or belongings, you have the right to refuse unless they have a valid warrant or probable cause. Clearly state, “I do not consent to a search.” Never physically resist, but do not waive your rights, as doing so could negatively impact any legal issues that you may be compelled to weather down the line.
You also have the right to know whether you are being detained or are free to leave. If you are unsure, politely ask, “Am I free to go?” If the officer says yes, calmly walk or drive away. If not, remain silent until your attorney is present.
Lastly, remember that anything you say can be used against you in court. Even casual comments or attempts to explain your side can be misinterpreted. Stay calm, be respectful and avoid making statements without seeking legal guidance first.