Your Rights During a Police Investigation in Colorado
You have rights during every interaction you ever have with law enforcement. Whether you are pulled over or encountered on the street, the police must respect your constitutional rights. This includes protections against illegal searches or seizures.
If the police violate your rights, it could have an impact on your defense after being charged with a crime. Our experienced criminal defense attorneys can advise you on your rights and ensure they are protected at trial.
You Have the Right to Remain Silent
Under the Fifth Amendment, you are not required to answer police questions beyond identifying yourself. If you’re being questioned during a police investigation, you can clearly state, “I’m exercising my right to remain silent.” This prevents you from saying anything that could be used against you later. Staying silent is not an admission of guilt—it’s a legal protection designed to prevent self-incrimination during potentially high-stress or confusing interactions with law enforcement.
You Have the Right to an Attorney
The Sixth Amendment to the United States Constitution gives you the right to legal representation during questioning and legal proceedings. If police begin asking questions, you can—and should—ask for a lawyer immediately. Say, “I want to speak to an attorney,” and then stop talking. Once you invoke this right, police are supposed to halt all questioning until your lawyer is present. Speaking without legal counsel can lead to unintended consequences, even if you believe you’ve done nothing wrong. What’s more, you could have a strong defense in your case if the police violate these rights.
Protection Against Unlawful Searches and Seizures
The Fourth Amendment protects you from police searching your person, home, car, or belongings without proper legal justification. Officers generally need a warrant, your consent, or probable cause. If an officer asks to search, you can respectfully say, “I do not consent to a search.” Never physically resist, but make it clear you do not agree. Unlawful searches can result in evidence being thrown out in court, making this protection one of your most powerful rights.
What to Do If You Are Stopped or Detained
If you’re stopped by police, remain calm and polite. Do not argue, resist, or run. Keep your hands visible and ask, “Am I free to leave?” If the answer is no, you are being detained and should ask for an attorney. Don’t consent to any searches or answer questions beyond your name. Staying composed, quiet, and aware of your rights can help protect you and prevent a bad situation from getting worse.
Let Rodemer | Kane Fight For Your Rights
These rights will only protect you if you take the steps to enforce them. If you do not have experience with the criminal justice system, attempting to enforce these rights on your own can be a major mistake. Reach out to Rodemer | Kane for a free consultation today.