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FAQ: Understanding Your Rights During Police Encounters in Pennsylvania
TL;DR
Perna & Abracht's advisory gives individuals a strategic advantage by outlining how to legally protect their rights and avoid self-incrimination during police encounters.
The guidance details five key rights: remaining silent, refusing searches, asking if free to leave, requesting an attorney, and staying calm to avoid escalation.
This knowledge empowers community members, reduces fear during stressful encounters, and promotes fairness and accountability within the justice system for a better tomorrow.
You can legally refuse many police searches and ask if you're free to leave, which are rights many people don't know they have.
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The guidance provides clear, general information to help Pennsylvania residents understand their constitutional rights during police encounters, empowering them to make informed decisions during stressful moments without giving case-specific legal advice.
It addresses increasingly common questions about police procedures, traffic stops, and searches, and helps prevent individuals from unintentionally compromising their rights due to lack of understanding, reducing confusion, fear, and unintended legal consequences.
The guidance outlines five key principles: 1) The right to remain silent beyond basic identifying information, 2) The right to decline searches without warrants or probable cause, 3) The right to ask if you're free to leave, 4) The right to legal representation before answering questions, and 5) The importance of remaining calm and not resisting.
Individuals should clearly state, "I do not consent to a search," when officers lack a warrant, probable cause, or specific legal authority to search their person, vehicle, or home.
They may calmly ask, "Am I free to go?" If the officer says yes, they may leave; if the officer says no, the encounter has become a detention and additional rights apply.
This guidance is intended for Pennsylvania residents, particularly those in Chester County, Delaware County, Lancaster County, and surrounding communities where the firm practices.
Remain calm, do not resist even if you believe the encounter is unjustified, comply with lawful commands, and address any violations later with legal counsel rather than escalating the situation.
Anyone questioned, detained, or arrested should decline to speak until consulting a lawyer to protect themselves from making statements that could be misunderstood or misapplied.
Residents can schedule a complimentary consultation with Perna & Abracht, LLC, which represents clients throughout Chester County, Delaware County, Lancaster County, and surrounding Pennsylvania communities.
The guidance was released by Perna & Abracht, LLC, a full-service Chester County law firm established in 1947, with criminal defense attorneys like Ryan G. Borchik who regularly see situations where individuals unintentionally compromise their rights.
Curated from 24-7 Press Release
