In Maryland, an arrest is made during traffic stops, when officers are called to a home or business, and after a warrant is issued. The officers must have a just cause for making the arrest and follow civil rights laws. They must also explain to the individual why they are under arrest and what rights they have. A local attorney helps individuals after arrests in Snow Hill, MD are made.
How Probable Cause Works
Probable cause indicates that the officer had a reasonable belief that the defendant committed a crime. During a traffic stop, the officer must witness the driver committing a moving violation. If the driver wasn’t violating any traffic laws, the officer didn’t have a probable cause for stopping and/or arresting the driver.
Understanding Miranda Rights
Miranda rights enable criminal defendants to acquire an attorney after they are arrested. They also designate that the defendant isn’t required and/or obligated to share any information with the officers. Once these rights are presented to the defendant, the officers can use any information obtained from them in the criminal case. However, if they to read these rights to the defendant, the case could be dismissed. Any refusal to allow a criminal defendant access to an attorney is a violation of their civil rights.
Searching Vehicles and Property
Unless an officer presents the defendant with a warrant, it is unlawful for the officer to search their vehicle and/or their property. For example, a driver must provide consent for the officer to search their vehicle during a traffic stop. Additionally, officers who arrive at a private residence must present a warrant to search the property. Any illegal search could result in the dismissal of the charges and/or deem evidence inadmissible in court.
In Maryland, law enforcement officers must comply with state and federal laws when making an arrest. A probable cause must be present to arrest a suspect unless a warrant was issued. All criminal defendants have the right to legal counsel and to refuse to provide information to officers after they are arrested. Criminal defendants who need more information about arrests in Snow Hill, MD can visit OceanCityLawyer.com for more information.
