The youth of today, particularly from larger cities, share a troubled relationship with the police and this is mainly due to the authority and image they give off. When young people are stopped by the cops and ask for an explanation, they are on most occasions, denied one and are fed lies and a misinterpretation of the law. It is no wonder that the kids of today wind up feeling like powerless victims of ruthless bullies. The crime rate among the young crowd has seen a considerable rise and hence the reinforced vigilance on the part of law enforcement. rnThe rights of children are similar to those of adults when the police stop them or they are questioned regarding a criminal or formal complaint. When stopped or arrested by the cops, a lot of children do not know how to handle such an experience. Some may panic and do things that cause them to get hurt or even shot. It would be a good idea for a parent also to sit down with their children and discuss their behavior if they are ever stopped, pulled over, questioned or arrested by the police. Here are few points that could improve your odds of getting by safely:
Always be calm and cool rnIf you get flagged down by the cops, immediately pull over to the side, turn off your car, and place your hands on the wheel. Police like to see your hands for the sake of their safety. Let them first approach your car and request for your paperwork before reaching for it. If you were pulled over during the night, it is a good idea to keep your headlights on, so the officer will know you’re not armed. Another thing that will help is to greet the policemen and policewomen as “officer.” Under no circumstance should you ever raise your voice, talk back, or use profanity with a police officer. It would be stupid and even dangerous if you behave in a hostile manner. Pay careful attention to what the officer says and be cooperative.
Never struggle with the police
Trying to resist arrest and assaulting a police officer are separate things and will be counted as additional crimes. Police officers can sometimes go rogue and file charges even if you are innocent. By resisting arrest or trying to fight with the cops, it can also make things a lot more dangerous. Law enforcement carries weapons and are trained to use them when they believe they are in danger. In the chaos of it all, you could end up getting hurt or even shot.
Remain silent: What you don’t say can’t hurt you
When arrested, you have the right to remain silent, and give only your name, address, parent’s name and phone number to the police. The police may try to get you to admit to having broken the law. In such situations, you can assert your Fifth Amendment protection against self-incrimination and refuse to accept that you have done anything wrong. The less you say, the better because anything that you say can and will be held against you in a court of law. You also don’t want to antagonize the cops by letting them know you know your rights. It is best to keep quiet and calm.
You have the right to refuse search requests
According to the Fourth Amendment of the U.S. Constitution, children have the same protection as adults against unreasonable searches and seizures.rnWhen the police stop you, they may ask you to step out of the vehicle and if they have reasonable suspicion, they will detain you. If they want to frisk you, you have the right to clearly state your refusal to consent to the search. You should only do this in a verbally polite way and not physically resist. Generally, police only have the right to conduct a full-scale search if they suspect that the person has a dangerous weapon. Without an arrest, police can do a very limited pat-down body search and check for weapons. This is mainly carried out for the officer’s protection. Another exception that comes into play is when the minor is not under arrest, they can decline the police officer’s request to search the minor’s locker, bedroom, backpack, etc. By giving the cop permission to search, you will be giving up your Fourth Amendment rights. Refusing a search request is not an admission of guilt and does not give the officer the legal right to detain you. rnIf the cops search your car and find illegal items despite your refusal, you lawyer can file a motion to suppress, or throw out the evidence in court. If the judge also agrees to the fact that the officer's search violated your Fourth Amendment’s probable cause requirement, he/she will grant the motion and your charges will be dismissed.
Call your parents
In the event that you are taken to a police station or a juvenile hall, you have the right to make two telephone calls to your parents or a responsible friend within an hour. Provide them with a brief update on the situation. When a minor is arrested, the police is required, if asked, to state the charges.
Determine if you are free to go
Unless you have been detained or arrested, you may dismiss the encounter anytime. You can ask the officer if you are free to go without waiting for them to let you go. Posing a question like “Officer, am I free to go?”, will not only help you withdraw from an encounter but also deflects any of the officer’s probing questions or threats. If the officer lets you leave, do so immediately.
Ask for a lawyer
If you are not free to go and you are being detained or arrested, according to the Miranda Rights you can
request an attorney. In such a situation, the best thing to say is “I’m going to remain silent. I would like to see a lawyer.” This will provide you with the best protection if you are under arrest.
These form the most important points that need to be followed. It is also critical to never be late for a court appearance nor should you ever miss one. If you fail to show up in court at the appointed time, a warrant could be issued for your arrest. Also, remember to avoid talking to anyone about your case except for your parents or lawyer. However, be completely honest when it comes to divulging details to your lawyer. With all the crucial facts in place, he/she will be able to provide you the best defense and fight to protect your best interests.