Law & Information Resources
If Police Stop You for Questioning do the following:
If You Are Stopped In Your Car
Searches & Frisks
You do not have to consent to a search of yourself or your belongings, but police may frisk, or pat down your clothing if they believe that you may have a weapon. You have the right to refuse to consent to any search, but you should not resist the police. Resisting the police may lead to criminal charges against you. These charges may include, but are not limited to Obstruction of Governmental Administration, Resisting Arrest, Disorderly Conduct, and Assault. The New York Civil Liberties Union has played a major role in the effort to end stop and frisk without probable cause or reasonable suspicion. If you feel that your rights have been violated, contact us and let our stop and frisk Lawyers and let us explore whether you may have a legal remedy.
If you are in your home, the police may ask to enter, and if you consent to let them in, you may waive (give up) your rights against unreasonable search and seizure. If they have a Search Warrant, they are authorized to enter your home. Do not resist the police. You may argue the legality of the search or arrest with the assistance of a Lawyer at a later date.
If a law enforcement officer asks to look inside your car, you may refuse to consent to the search. Nevertheless, the officer may still search your car without your consent. You should not try to physically prevent them from doing so. Remain calm, and contact an Attorney.
If You Are Questioned About Your Immigration Status
- You have the right to remain silent if you are asked about your immigration status. You are not required to answer questions about where you were born, how you entered the United States, or whether you are a U.S. citizen. Please be aware that different rules apply at international borders and airports, and for people who possess certain visas (this may include tourists and people who are in the United States for business).
- If you are not a citizen of the United States and an immigration agent asks you for your immigration documents, you are required to give them to the agent if you have them with you. Adults (persons over 18 years of age) should always carry their immigration documents. Do not lie about your citizenship status or provide fake documents to law enforcement.
Mayo Bartlett has the experience and dedication that you or your loved one needs on their side when facing these serious charges. He is a former Westchester County prosecutor who served more than 10 years in the Westchester County District Attorney’s Office in White Plains New York. He has also been a Criminal Defense Attorney since 2003, and he has a thorough understanding of police procedure from years spent working with officers and detectives in White Plains and throughout Westchester County, New York City and the Hudson Valley. He has handled thousands of criminal cases, DWI cases and has successfully reduced the many violent felony charges to misdemeanors, or had them dismissed entirely. He has obtained a verdict of not guilty for a variety of violent charges that would have resulted in sentences of decades, and sometimes life in prison. If you have been arrested our search and seizure Lawyers will thoroughly review your case to determine if your constitutional rights have been violated.
In addition to his courtroom work, Mayo Bartlett spends much of his time in schools, teaching children how to properly interact with law enforcement. He has served as an instructor, as well as a moderator for continuing legal education in Westchester County as well as in New York City. He also is a member of the legal panel on Richard French Live which airs on Wednesdays on WRNN and FIOS1 in the New York Tri-State Area. It is essential that you know your rights, and what is expected of you, and the police, before you have an encounter with them.
This is general information, and it is not intended to, nor can it possibly, be used in every situation. Please be aware that state laws may vary, and there are different rules at checkpoints, and at borders when entering the United States (this includes airports). Use your best judgement while considering what steps to take during police encounters.
If you or a loved one has been stopped by the police, or if you believe that your rights have been violated, contact us.