Understanding your rights when arrested

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By Jessica Mitchell

Policy and procedure vary from institution to outside world. Pulling out a cigarette and smoking warrants a ticket until the individual has moved out of campus grounds. A person’s rights and freedoms, however, never vary and are strictly declared in the Constitution.

When arrested, it is an individual’s right to be informed of the charges. The arresting officer also needs to inform the individual of his/her rights before any questioning beyond routine inquiries takes place. Randy Garcia, sergeant, campus Police Department, said these are called the Miranda Rights. These specific rights protect an individual from self-incrimination when arrested:

“You have the right to remain silent. Anything you say can and will be used against you   in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be appointed for you.”

It is the arresting officer’s duty to make sure the individual understands the language being spoken and more importantly, understands his/her own personal rights.

Many people are under the impression that officers cannot search a vehicle until a court issued warrant is presented. Garcia said that is not always the case.

“A warrant is not required to search vehicles if police have probable cause to believe the vehicle contains evidence of a crime, the instrumentalities of crime, contraband or the fruits of a crime,” said Gary Mason, public information officer, Overland Park Police Department. “A search can also be done on several other factors. These include: exigent circumstances, inventory searches and officer safety. An officer may also search if he views contraband or evidence of a crime that is visible from the windows (plain view).”

Regarding the search of a person, it seems that an individual’s rights don’t extend further than the officer explaining his need for a search. If there is a possibility that a person is armed, their personal rights do not overshadow an officer or society’s safety.

“In Terry v. Ohio the courts have found that an officer may stop and frisk (patting down of outer clothing) a subject if they have reasonable suspicion to believe that person is armed,” Mason said. “The court decided that officer safety outweighed the intrusion on a person’s freedom when frisked for weapons.”

If a search does not fall under any of the above categories, a warrant is needed. A judge will issue a warrant only after officers prove that they have probable cause to believe criminal activity is occurring or that evidence of a specific crime may be found.

When a search takes place, any illegal or concerning evidence may be taken.

“The police can search only the place described in a warrant and usually can seize only the property that the warrant describes,” said Mason. “However, if they come across contraband or evidence of a crime while searching for items in the warrant, they can lawfully seize those items as well.”

After an arrest takes place, a lot of factors go into the decision of holding an individual. The officers have a 72-hour window to charge someone or they must be released. Mason said the holding time depends on if the charges are federal, state or local.

There is a distinct difference between policy and law. The policy of the college, even though strictly enforced, is not an established law. One must abide by the policy of the institution they are in. When it comes to individual rights, however, the Constitution is a strict protector. Amendment after amendment is instituted to stop any intrusion of personal freedoms.

Contact Jessica Mitchell, features editor, at jmitch54@jccc.edu.

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