Category: Uncategorized

On Foot

If You Are Stopped, Questioned, and/or Frisked:

  • Police may stop and briefly detain you only if there is reasonable suspicion that you committed, are committing or are about to commit a crime.
  • You should ask if you are under arrest or free to leave.
  • Don’t bad-mouth a police officer or run away, even if you believe what is happening is unreasonable. That could lead to your arrest.

The police do not need “reasonable suspicion” or “probable cause” to initiate a “consensual encounter” with any given individual. A police officer may approach you and ask you questions at any time. However, during such a consensual encounter, you are always free to leave if you no longer wish to talk (just as you would any other general member of the public).

If you are not under arrest, you are under no obligation to provide your name or other identifying information.
You do not have to provide your name, date of birth, or address to an officer unless you are under lawful arrest. In other words, even if you are lawfully detained, but not under arrest, you are not required to provide officers with identifying information.

The police do not need “reasonable suspicion” or “probable cause” to initiate a “consensual encounter” with any given individual. A police officer may approach you and ask you questions at any time. However, during such a consensual encounter, you are always free to leave if you no longer wish to talk (just as you would any other general member of the public).

If you are not under arrest, you are under no obligation to provide your name or other identifying information. You do not have to provide your name, date of birth, or address to an officer unless you are under lawful arrest. In other words, even if you are lawfully detained, but not under arrest, you are not required to provide officers with identifying information.

A stop may be justified if an individual is exhibiting any combination of the following behaviors:

  • Appears not to fit the time/place;
  • Matches the description of a person wanted;
  • Acts strangely, or is emotional, angry, fearful, or intoxicated;
  • Loitering, or looking for something;
  • Running away or engaging in furtive movements;
  • Present in a crime scene area;
  • Present in a high-crime area (not sufficient by itself or with loitering).

Contact Us Now
If you’ve been arrested or you have reason to believe you will be charged with a state or federal crime in any area of in the Dallas-Fort Worth Metroplex, including Dallas County, Collin County, Tarrant County, Denton County, & Rockwall County, call Criminal Defense Attorney Carl David Ceder immediately at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com.  Attorney Carl David Ceder is a knowledgeable, trained, and experienced Texas Criminal Defense Attorney who will fight the allegations against you.

In Your Vehicle

If You Are Stopped in a Car

  • Keep your hands visible. Do not attempt to reach for your driver’s license or registration until requested.
  • Upon request, show the police your driver’s license, registration and proof of insurance.
  • Do not consent to a search of your vehicle or your person.
  • If you’re suspected of drunk driving (DUI/DWI), you will be asked to take a breath-alcohol and coordination test. If you fail the tests, or if you refuse to take them, you will be arrested, your driver’s license may be suspended and your car may be towed away.
  • If you are arrested, your car will be subject to a search.

What To Do If You’re Stopped by the Police

  • Stay calm and in control of your words, body language and emotions.
  • Don’t get into an argument with the police.
  • Never bad-mouth a police officer.
  • Remember, anything you say or do can be used against you.
  • Keep your hands where the police can see them.
  • Don’t run.
  • Don’t touch any police officer.
  • Don’t resist even if you believe you are innocent.
  • If you are arrested, ask for a lawyer immediately.
  • Remember officers’ badge numbers, patrol car numbers, and physical descriptions.
  • Write down everything you remember ASAP.
  • Try to find witnesses and their names and phone numbers.
  • If you are injured, take photos of the injuries as soon as possible, but make sure you get medical attention first. Ask for copies of your medical treatment files.

Contact Us Now
If you’ve been arrested or have reason to believe you will be charged with a state or federal crime anywhere in the Dallas-Fort Worth Metroplex, including Dallas County, Collin County, Tarrant County, Denton County, & Rockwall County, call Dallas-Fort Worth Criminal Defense Attorney Carl David Ceder immediately at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com.  Attorney Carl David Ceder is a knowledgeable, trained, and skilled Texas Criminal Defense Attorney who will fight any allegations alleged against you.

At Your House

Can the police enter my house?

Yes. However, only with a valid search and/or an arrest warrant. Absent having a warrant, a police officer must have “exigent circumstances” to justify entering someone’s premises. This may be the case if they get a phone call with information that someone inside may be injured in some form or fashion.

Regardless, the United States Supreme Court has made it abundantly clear that an individual has a heightened expectation of privacy in their home. Therefore, generally speaking, police need a search warrant to enter.

If the police do have a valid search warrant that specifically lists your address and home as the premises to be searched, then they can enter and conduct the search. Police can only enter, however, and search your home WITHOUT a warrant under limited conditions, such as:

  • If you, or your roommate, provide verbal consent to a search
  • If the police officer witnesses contraband or illegal activity in plain sight, such as through an open door or window (i.e. weapons, possible violence, drugs, etc.);
  • If you have been arrested based on “probable cause” or a warrant at your home, the officer has the authority to search you and your home for contraband, weapons, and any other possible illegal activity
  • If there is an emergency; such as chasing a felon that enters into someone’s residence, medical emergencies, domestic violence (or physical violence, where an officer hears noise from the premises indicating an individual may be in danger.

If Police Come to Your Home

The police can enter your home without your permission if they have a warrant or if it is an emergency. If the police say they have a warrant, ask to see it. Check to make sure the warrant has the correct address. If you are arrested in your home or office, the police can search you and the area immediately surrounding you or where evidence of criminal activity is in plain view.

Contact Us Now
If you’ve been arrested or have reason to believe you will be charged with a state or federal crime anywhere in the Dallas-Fort Worth Metroplex, including Dallas County, Collin County, Tarrant County, Denton County, & Rockwall County, call Dallas-Fort Worth Criminal Defense Attorney Carl David Ceder immediately at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com.  Attorney Carl David Ceder is a knowledgeable, trained, and skilled Texas Criminal Defense Attorney who will fight any allegations alleged against you.

Under Arrest

A police officer must follow all required constitutional safeguards; therefore he must have probable cause to make a valid arrest or must possess a valid arrest warrant. The only instance where an officer may not make an arrest is if:

  • they do not possess the requisite probable cause;
  • they are outside their jurisdiction.

When Can an Arrest be Made?

An officer can make a valid arrest of an individual if they have a valid arrest warrant. A police officer can arrest you WITHOUT an arrest warrant if they have “probable cause” – or if they personally observe an individual commit a crime. The police can use reasonable force to arrest you if you resist or in any other way try to avoid being arrested. If you are arrested, it is crucial that you remember you still have rights. These rights are afforded to all United States citizens and are protected by the U.S. Constitution.

Know your rights:

  • You have the right to be free from unreasonable searches.
  • You have the right to be free from unreasonable seizures.
  • You have the right to remain silent.
  • You have the right to a fair trial.
  • You have the right to be protected by a lawyer.

If you are arrested:

  • You have the right to remain silent, so ALWAYS remember to use it! Tell the police officer, in a polite manner, that you will not answer any questions without your attorney present.
  • You have the absolute right to an attorney, even if you can’t afford one. Ask to speak with a lawyer before answering any and all questions posed to you. THIS IS VITAL.

Contact Us Now
If you’ve been arrested or have reason to believe you will be charged with a state or federal crime anywhere in the Dallas-Fort Worth Metroplex, including Dallas County, Collin County, Tarrant County, Denton County, & Rockwall County, call Dallas-Fort Worth Criminal Defense Attorney Carl David Ceder immediately at 214.702.CARL(2275) or at 469.2000.DWI(394). You can also e-mail Carl directly, at Carl@CederLaw.com; or to the office for general inquiries at Info@DFWDefenders.com.  Attorney Carl David Ceder is a knowledgeable, trained, and skilled Texas Criminal Defense Attorney who will fight any allegations alleged against you.