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Constitutional rights during arrest or detention

When an individual is arrested and charged with a crime in this country, they do not always realize that they are protected from certain actions by law enforcement under several provisions of the U.S. Constitution. Unfortunately, an encounter with police officers can be so intimidating that it creates an automatic reaction of helplessness and fear, and the use of excessive force during arrest or extended detainment can make the experience much worse.

It is essential for individuals in Florida to understand what to do and what their rights are during a confrontation with law enforcement, whether it is a knock at the door with an arrest warrant, being pulled over at a traffic stop or ordered to get out of the car. Because interactions with police can easily escalate, if the individual knows their rights ahead of time, it can help diffuse a situation if they remain calm and understand the officer’s limits.

If the civil liberties of the accused have been violated, the prosecution’s case will be weaker when it is presented before a jury. If you have been charged with a crime in Clermont and surrounding areas, it is essential to have aggressive criminal defense on your side that will help you fight the charges and ensure that your rights are protected.

Constitutional guarantees

The rights of citizens who are arrested and charged with a crime are covered under several provisions of the U.S. Constitution:

  • The Miranda Rights during interrogation after arrest are guaranteed under the Fifth and Sixth Amendments. These rights include the right to remain silent, to not incriminate oneself and to the right to legal counsel. Under the Fifth Amendment are also the right to a trial by Grand Jury and the double indemnity clause, which bars the prosecution from charging an individual twice for the same crime.
  • Due process under the law guarantees the equal and fair treatment of the accused, including protections against prolonged detainment, covered under the Fifth Amendment for federal and Fourteenth Amendment for state cases.
  • Protections against unreasonable search and seizure by the federal government are found in the Fourth Amendment. Both the Fourth and Fifth Amendments also uphold the exclusionary rule that guarantees that evidence gathered illegally cannot be used at trial.
  • The Eighth Amendment prohibits cruel and unusual punishment, and provides that punishment be handed out in a fair and consistent manner, even in capital cases.

The guarantees of due process and protection against unjust detainment are also civil liberties that are covered under the writ of habeas corpus in Article One of the Constitution.