Criminal Arrests and Interrogations FAQ

Questions:

• When do the police need a warrant to make an arrest?
• If I'm arrested, do the police have to "read me my rights"?
• Will a judge dismiss my case if I was questioned without a Miranda warning?
• What's the best way to assert my right to remain silent if I am being questioned by the police?
• How heavy-handed can the police get when asking questions?
• Can a person who is charged with a crime be forced to give bodily samples?
• I was pulled over at a roadblock and asked to wait and answer a police officer's questions. Is this legal?

Answer:

I was pulled over at a roadblock and asked to wait and answer a police officer's questions. Is this legal?

Yes, as long as the police use a neutral policy when stopping cars (such as stopping all cars or stopping every third car) and minimize any inconvenience to you and the other drivers. The police can't single out your car at a roadblock unless they have good reason to believe that you've broken the law.

For information on drunk driving/driving under the influence/driving while intoxicated, see Nolo's Drunk Driving, DUI, and DWI FAQ.

To Learn More

For clear and complete explanations of all aspects of criminal law and procedure, read The Criminal Law Handbook: Know Your Rights, Survive the System, by Paul Bergman and Sara Berman (Nolo). If you wish to speak with a criminal defense attorney, you can turn to Nolo's trusty Lawyer Directory to find a lawyer near you.