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Rolando Cantu is the founding attorney of the Law Office of Rolando D. Cantu. He is committed to providing aggressive and high level legal representation—successfully defending clients charged with state and federal criminal offenses. He works on every case as a priority with personal attention, while prioritizing their needs. 

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Know Your Rights: What the Police Don't Want You to Know

December 7, 2022

Know Your Rights: What the Police Don't Want You to Know

Knowing your rights is an important part of being a responsible citizen. Unfortunately, there are certain rights that police officers don't want the public to know about. Even when a criminal defense attorney can help, understanding your rights as a citizen is key in protecting yourself.


In this blog post, we'll take a look at some of those rights and explain why it's important for you to be aware of them.

Rights police don't want you to know

It's important for everyone who interacts with police officers—whether as citizens or customers—to understand their rights and how best to protect themselves during such interactions. This is why it's important for you to know about the following rights that police officers don't want you to know.

The Right to Remain Silent

This might be one of the most commonly known rights when it comes to police encounters. However, there can often be confusion as to how far this right extends. It's important to remember that you have the right not to answer questions or provide any information beyond your name and address if you are stopped by a police officer on the street or pulled over in your car.


You should always remain polite and respectful when dealing with police or a peace officer, but make sure not to give away more than what is necessary. So, if you provide false documents, a false or fictitious name and/or address, or otherwise resist arrest, then the right to remain silent may not apply.


Also, separate rules apply if you are being interviewed at a police station or international borders. In this case, you may be required to answer questions and provide certain information such as immigration status or residence address. Make sure to get legal advice if you are in this situation.

The Right To Refuse Searches

If a police officer asks you for permission to search your person or property (such as your vehicle), they must first obtain a warrant from a judge in order to do so legally. Even then, it is still within your right to refuse consent to search without a warrant in hand – unless you are under arrest, which gives law enforcement greater power over you and your belongings. Make sure that if an officer requests permission for a search, inquire as to why they need it and if they have probable cause before granting them access.


In addition, if officers show up at your home unannounced or start to make unreasonable searches, they can only enter if they have a search warrant or if there are exigent circumstances—such as an emergency—that require them to enter without one. If officers come to your door without a search or arrest warrant, it is perfectly acceptable for you to refuse entry until they produce one or leave. 


Resisting to arrest is a crime, and can result in serious consequences. In some states, it is considered a felony and you could be sentenced up to five years in prison if convicted. However, if an officer attempts to arrest you without probable cause or arrest warrant, then you may have the right to physically resist the arrest and not be found guilty of a crime.

Your Right Against Self-Incrimination

The Fifth Amendment of the US Constitution protects individuals from incriminating themselves during criminal proceedings. This right applies both during trial and outside of court; it also applies when talking with police officers who may be investigating a crime or questioning witnesses. When questioned by police, it is important that citizens remember that they do not have to answer any questions or provide any information beyond providing proof of identity (such as a driver's license). You also have the right to remain silent and can request an attorney before answering any questions asked by law enforcement officials.

Your Right to Record Police Activity

In many states across the United States, citizens have the right to record any interactions with law enforcement officials in public places as long as it does not interfere with their work or threaten their safety. This means that anyone can record video or audio recordings of interactions between themselves and law enforcement officers without fear of repercussions from those officers as long as it does not disrupt them from doing their job properly.

The Right to Refuse Field Sobriety Tests

If an officer suspects someone is under the influence of drugs or alcohol and pulls them over, they may request that the driver take a field sobriety test (FST). This type of test has been known to be inaccurate as well as invasive; therefore drivers should know their right to refuse this test if offered by an officer. The downside is that refusing may result in an arrest being made based on suspicion alone; however if there is no evidence (aside from FST results) then charges can be dropped prior to trial.

According to Texas law, if you refuse field sobriety tests you can still be arrested for driving while intoxicated. This refusal could help you in court when it comes time to fight the charges. However, refusing to take blood and breath tests can still carry harsh punishments. It is important to keep in mind that you always have rights and should never feel obligated to do something that makes you uncomfortable or puts your safety at risk.

The right to make a local phone callï»ż

If you are arrested or detained, you have the right to make a local phone call. This telephone call is typically made from the police station and it allows individuals to contact family members or an attorney who can help them through their situation. It’s important to remember that this phone call cannot be tracked or recorded by law enforcement officials.

The Right To Request An Attorney

If you are arrested, you have the right to request an attorney immediately upon arrest—even before questioning begins—and continue requesting one throughout any interrogation process until one is provided for you by either yourself or by the court system if needed. If possible, request an attorney before speaking with law enforcement so that all of your rights are protected and no incriminating statements can be used against you in court proceedings later on down the line.

What cops can and can't do

When it comes to law enforcement officers, it is important to remember that their job is to protect and serve. However, there are some things they can and can't do in the pursuit of their duty.


Law enforcement officers cannot:

  • Enter a home without a warrant or permission from an owner
  • Conduct searches without probable cause or permission
  • Use force to obtain information or evidence
  • Arrest someone without probable cause or reasonable suspicion of criminal activity


Law enforcement officers can:

  • Pull over a vehicle they suspect is being driven by someone who is under the influence of drugs or alcohol
  • Arrest individuals they have probable cause to believe are involved in criminal activity
  • Enter property with permission from an owner or if they possess a valid search warrant
  • Question individuals after establishing probable cause. 


It is important to remember that law enforcement officials have limits as to what they can and cannot do. Knowing these rights can help you protect yourself in a variety of situations.  If ever in doubt about your rights, the best course of action is always to remain calm and contact an attorney that can help guide you through any situation.

Do police have to tell you why you are being detained

Short answer: Yes, police are required to tell you why they are detaining you under the Miranda Rights. According to the U.S. Constitution’s Fifth Amendment, a person must be aware of their rights before being detained or questioned by law enforcement officials; this includes knowing why they have been stopped in the first place. When officers fail to inform you of the reason they are detaining you, then any information gathered after that could potentially be inadmissible in court. Additionally, if an officer continues to detain or question you beyond what is necessary, or without a valid warrant, then this too can be grounds for dismissing charges against you.

Resisting arrest is not advisable and can result in more serious legal consequences, but it is important to know your rights and how to protect them. This way, you can ensure that the process is carried out in a lawful manner and that your rights are not violated during any part of the encounter. It is also possible to file a complaint against police officers who fail to comply with these laws or treat you unfairly. Your attorney can help guide you through this process if necessary.  Remember, your safety and understanding of the law is paramount.

What to do if you feel harassed by the police

Under US law, police officers must have reasonable suspicion or probable cause to detain you for questioning. This means that they must have some reasonable basis to believe that you are involved in criminal activity. If an officer does not provide a reason for why you are being detained, then it is within your legal rights to ask the officer for an explanation.


If you feel that you are being harassed by a police officer, it is important to remain respectful and calm throughout the interaction. If the situation escalates to a point where you feel threatened or your civil rights are being violated, you can do the following:


  • Make sure to document everything you can recall, such as officers’ badge numbers and patrol car details. Additionally, try to get information from witnesses present at the scene.


  • Immediately seek medical attention and take pictures of your injuries if you're injured.


  • Submit a written complaint to the agency’s internal affairs division or civilian complaint board. You usually have the option to make the complaint anonymously if you prefer.


Remember, police officers are here to protect you, not intimidate or harass you. Knowing your rights and how to handle yourself in a situation involving law enforcement can help you stay safe and secure.

If you are facing criminal charges, contact a criminal defense lawyer

No matter what kind of interaction you may have with law enforcement officers, remember that knowing your rights is essential in protecting yourself at all times. Police officers may not always want citizens to know their full extent of their legal protections during these interactions but understanding them is key in ensuring that all parties involved come out unscathed from such confrontations. Be sure to educate yourself on these rights prior so that should such situations arise, everyone involved will know their boundaries and act accordingly.


If you feel that your rights have been violated in any way, be sure to contact a lawyer immediately. It is important to understand that you are always afforded certain protections and privileges under the law, no matter what kind of situation you may find yourself in. Being aware of these rights can help ensure a safe and successful outcome for all parties involved.


At the
Law Office of Rolando Cantu, we are here to help you understand your rights and ensure that they are respected. We understand the complexities of the law and we will work tirelessly to defend your rights throughout every step of the legal process. Contact us today for a consultation and let us fight for your best interests.

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