July 2024 eNewsletter Issue no. 95

Can You Walk Away from the Cops?

What do you do when you are approached by police officers on the street? What if you walk away and the cops tell you “Come here”? In this video, Managing Partner David P. Shapiro answers these questions and more. He explains that if the police say they are detaining you, they need a legal basis to do so. If you ask the officer if you are detained, and the answer is no, then you are free to leave. – you can just walk away. If they tell you that you are in fact being detained, you are not free to leave. Next, law enforcement will often ask for your consent, for example, to go search (your home, your body, your vehicle, your phone, etc.). Don’t do the cops’ job for them. Politely decline to provide consent.

Protect Your Freedom. Protect Your Future. Know Your Rights!

If the cops show up at your house, what do you do?

If the cops show up at your house, what do you do? Partner Stefano L. Molea answers this question by providing two different scenarios. In the first, the police have a warrant. If that is the case, you have to comply with whatever the terms of the warrant may be. If they do not have a warrant, they may ask you to come outside so they can talk to you. In that case, Stefano tells us you will likely find yourself handcuffed in short order. In cases where there is no warrant, you are not required to answer the door for the police or step out to speak to them. And while you may need to comply with the terms of any warrant, Stefano reiterates that you still are not required to talk to the police. Nor should you, at least not without the advice and presence of a quality, locally experienced, criminal defense attorney.

Law Office of David P Shapiro

San Diego, CA 92103

Phone: 619-295-3555

davidpshapirolaw.com/

This newsletter is for meant for informational and marketing purposes only, and should not be relied on as legal advice. Viewing and/or use of the newsletter, including sending email or submission of forms, does not create or constitute an attorney-client relationship. Any endorsement, testimonial or other statement contained in or referred to in this newsletter is not a guarantee, a warranty or a prediction of a particular result in your case. Our attorneys are active members of the State Bar of California and are admitted to practice law in any and all California state courts and in the Southern District of California federal courts.