Dealing with Police in Baton Rouge 

If you are approached or questioned by a law enforcement officer in Baton Rouge, it is important to know your legal rights:

• Being stopped for questioning by the police is not the same as an arrest. Although you may be detained, you are not moved to a different location.
• A police officer may ask you questions during a stop, but you have the right to refuse to answer. Your Miranda rights do not apply to anything you say before you are arrested, so anything you say at this point can be used against you later in court.

If you are stopped by police who suspect that you are driving under the influence of alcohol, criminal law attorneys in many states advise against agreeing to take a breath, blood, or urine test for blood alcohol concentration (BAC). However, a new law in Louisiana mandates harsher penalties for refusing to take a breath BAC test.

An arrest warrant is not necessary for you to be placed into police custody, but there must be probable cause, which means that there must be a reasonable belief that a crime was committed and that you committed the crime. If you are placed under arrest, you are protected by the following constitutional rights:

• You have the right to remain silent. After your arrest, you are not required to say anything else to police or investigators, until you have an attorney present.
• You must be given the opportunity to contact an attorney.

The Miranda ruling states that the arresting officer must inform you of these rights when you are in police custody, before interrogation begins.

You have the right to refuse a warrantless search

If a police officer asks your permission to search your home or vehicle without a warrant, you may consent to the search, but you should be aware of the following:

• The Fourth Amendment of the U.S. Constitution guarantees you the right to refuse a warrantless search. In contrast to the Miranda ruling, the police officer is not required to inform you of this right.
• In most cases, if you do consent to a search, you have the right to revoke your consent at any point during the search.
• If you consented to a search and evidence of a crime was found, when you are brought to trial the prosecutor is required to prove that your consent was voluntary.

In some circumstances, police officers are permitted to conduct warrantless searches without your consent. For example, the plain view doctrine allows a police officer to seize evidence of a crime when that evidence is in plain sight, without obtaining a search warrant. For example, a policeman who stops a motorist for a minor traffic violation and sees an open container of beer on the passenger seat may conclude that the driver is unlawfully drinking in a motor vehicle, and may enter the car to seize the container.

Your legal rights in Baton Rouge

If you or a loved one has been arrested or questioned by the police, attorneys at the Spano Law Firm, LLC can ensure that your constitutional rights are protected.  For our clients' convenience, we maintain a flexible schedule and have a 24-hour hotline available.  To schedule a free initial consultation to discuss your case with us, call 225-341-7506 or fill out the online contact form to schedule a free initial consultation regarding your case.