Legal Question in Criminal Law in Virginia
arrests
Do police have to read you your right before handcuffing you and putting you in the car? Do they have the right to just search your car without asking you first. If they lock you up for a whole day and make no chrges is that allowed. Also if they forget to get you to sign any paperwork while in custody do they have the right to come to your job and have you sign it on a different date with the date you should have signed it on. Is any of these things allowed. Alos what is a reasonale amaount of backup for a police officer when there are 4 suspects in the car that have shown no violence and are fully cooperating....8 police cars too much??? many from different counties and jurisdictions?
1 Answer from Attorneys
Re: arrests
Failure to read your rights can exclude your answers as evidence. A limited search is allowed incident to arrest. The law requires them to present you to a migistrate ASAP. They cannot keep you without charge. This can result in exclusion of evidence and dismissal of charges. Depending on what the paperwork is, you can tell them to pound sand. If it is a summons, you can either sign it or go with the cop to the magistrate. Usually easier to just sign it. If it is other paperwork, they can F*** Off. It the cops are pussys, they can have all the backup they want.
I used to be a State Trooper. I know the routine. If you need help with these matters, the SRIS law Group is the one to go to. Expensive, but they get the results. They are all former cops and prosucutors. Now defense attorneys.
888.437.7747
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