Can the Police Do That? Protecting Your Rights During a Criminal Investigation in NJ

Interacting with law enforcement can be intimidating, especially if you are the subject of a criminal investigation. Many people are unaware of their rights during these encounters, leaving them vulnerable to overreach by law enforcement. Knowing your rights under New Jersey law and the U.S. Constitution is critical to protecting yourself during searches, seizures, and interrogations.

This guide explains your legal protections, how to identify when law enforcement oversteps, and why hiring a criminal defense lawyer is essential when facing criminal charges.

Understanding Your Rights During a Police Encounter

When interacting with law enforcement in New Jersey, the Constitution provides essential protections to ensure fair treatment. The Fourth, Fifth, and Sixth Amendments are particularly relevant during criminal investigations.

The Fourth Amendment: Protection Against Unlawful Searches and Seizures

The Fourth Amendment ensures your right to privacy by limiting law enforcement’s ability to search your property or seize evidence without probable cause. Here’s what you need to know: 

• Warrants: A valid search warrant must be issued by a judge based on probable cause.
• Consent: Police can search your property without a warrant if you voluntarily consent.
• Plain View Doctrine: Officers can seize evidence in plain sight if they are lawfully present.

If law enforcement violates these principles, any evidence obtained may be inadmissible in court.

The Fifth Amendment: Protection Against Self-Incrimination

The Fifth Amendment allows you to remain silent during police questioning. You are not obligated to answer incriminating questions without an attorney present.

The Sixth Amendment: Right to Legal Counsel and a Speedy Trial

The Sixth Amendment guarantees your right to legal counsel and a speedy trial. After requesting an attorney, law enforcement must cease questioning until your lawyer is present, ensuring fair representation.

What Police Can and Cannot Do

While police have specific powers during criminal investigations, their authority is not unlimited. Understanding the boundaries of these powers helps you protect your rights in various situations.

During a Traffic Stop

During a routine traffic stop, law enforcement officers can request your license, registration, and proof of insurance. They may also search your vehicle if they have probable cause, such as detecting the smell of alcohol or drugs. However, they cannot search your car without your consent, probable cause, or a valid warrant. Additionally, officers are prohibited from unnecessarily prolonging the stop to look for evidence unrelated to the initial traffic violation.

During a Search of Your Home

Law enforcement can enter and search your home only under specific circumstances. They may do so with a valid search warrant issued by a judge or in the presence of exigent circumstances, such as someone being in immediate danger. That said, the search must stay within the scope of the warrant, meaning they cannot search areas not specified. Without your consent or a warrant – and absent emergencies – officers have no authority to enter your home.

During an Interrogation

Police have the right to question you if they have reasonable suspicion or probable cause and can use any information you voluntarily provide as evidence. However, the law protects you from being forced to answer questions once you invoke your right to remain silent. Similarly, if you request a lawyer during an interrogation, police must stop questioning you until your attorney is present.

By understanding these limitations on law enforcement authority, you can better protect your rights during encounters with the police.

Signs That Law Enforcement Has Overstepped

It’s not uncommon for law enforcement to push the boundaries of their authority during investigations. Here are some signs that your rights may have been violated:

• Unlawful Searches: Officers search your property without a warrant, your consent, or probable cause.
• Coerced Confessions: You were pressured, threatened, or tricked into making self-incriminating statements.
• Ignoring Miranda Rights: Police fail to inform you of your rights to remain silent and have an attorney.
• Prolonged Detention: You are held without reasonable suspicion or probable cause.

If any of these scenarios occur, a criminal defense lawyer can challenge the evidence and argue for your case’s dismissal.

How to Protect Your Rights During a Criminal Investigation

Here are some steps you can take to protect your rights during a criminal investigation.

Stay Calm and Polite

Even if you believe the police are overstepping, remaining calm and respectful can prevent the situation from escalating.

Know Your Rights

Familiarize yourself with your constitutional rights, including your right to remain silent and your right to an attorney.

Refuse Searches Politely

You are not obligated to allow a search unless officers present a warrant. Calmly and respectfully say, “I do not agree to a search.”

Invoke Your Right to Remain Silent

If questioned, clearly state that you are invoking your Fifth Amendment right to remain silent and request an attorney.

Keep a Record of the Encounter

If you can, record the interaction or jot down notes soon after. Key details, such as badge numbers and officer statements, could be crucial for your defense.

Contact a Criminal Defense Lawyer Immediately

The sooner you involve a lawyer, the better your chances of protecting your rights and building a strong defense.

Why You Need a Criminal Defense Lawyer

Navigating a criminal investigation without legal representation puts you at a significant disadvantage. A criminal defense lawyer ensures that law enforcement respects your rights and provides critical guidance throughout the process.

Key Roles of a Criminal Defense Lawyer

• Challenging Unlawful Actions: Your lawyer will identify instances where police violated your rights and move to suppress any evidence obtained illegally.
• Providing Legal Advice: They will advise you on how to respond to police inquiries and ensure you do not incriminate yourself.
• Building a Defense Strategy: Your lawyer will gather evidence, interview witnesses, and craft a defense tailored to your case.
• Negotiating with Prosecutors: If charges are filed, your lawyer can negotiate for reduced charges or alternative sentencing options.

With a knowledgeable NJ criminal defense attorney by your side, you can navigate the legal process with confidence and work toward the best possible outcome.

Frequently Asked Questions

Here are some of the most common questions that people ask about criminal investigations:

1. Can the police search my phone without a warrant?

Only in cases where you consent to the search. Otherwise, they would need a warrant just like any other search.

2. What if the police didn’t read me my rights?

If law enforcement fails to read your Miranda rights during an interrogation, any statements you make may be inadmissible in court.

3. How long can the police hold me without charging me?

In New Jersey, police can typically hold you for up to 48 hours without formally charging you, though this timeframe may vary in certain circumstances.

Facing a Criminal Investigation in New Jersey? Call Aydelotte Law to Protect Your Rights in New Jersey

If you’re facing a criminal investigation, don’t wait until charges are filed to seek legal help. At Aydelotte Law, we have years of experience defending clients against overreach by law enforcement and ensuring their rights are upheld.

If you believe your rights have been violated or you’re under investigation, call 856-386-4892 or fill out our contact form to schedule a free consultation. We help clients in Haddon Heights, Camden, Deptford and across New Jersey.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.