15 Things Police Legally Can’t Do If You’re Arrested

The Police are hired to work for certain public welfare causes, out of which one points towards arresting criminals. However, they must adhere to ethical practices and be aware of their legal rights and the appropriate actions in certain situations. Here are fifteen things police cannot legally do if you're arrested:

1. Search Warrant

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A search warrant is a legal document signed by a judge or officer to search for a certain location, person, or vehicle. Police cannot enter your home without a warrant or your consent. Only a search warrant allows a police officer to legally enter that limited area to search for evidence. They must respect people's privacy.

2. Miranda Rights

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In the United States, there's a law that states when a person is presented before the investigation team, they have the right to remain silent. You can answer if you want to, but nobody can put their words into your mouth. They have the right to record evidence but are typically discouraged from requesting Miranda rights for irrelevant questions.

3. Restriction From Phone Calls

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Sometimes, accused individuals are compelled by cops to restrict their family contact. This happens when you're unfamiliar with your citizenship rights. So, if the Police accuse you of wrongdoing, they can't prevent you from contacting your lawyer or legal advisor. You should contact your family member, friend, or lawyer as soon as possible for bail. 

4. Misuse of Power

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While arresting, Police should not use excessive physical force that might harm the person's rights and that could lead to bodily injury or death. Victims have the right to defend themselves. Using a weapon or anything is unnecessary & minor resistant force is enough in most cases to show a disagreement. If they still use unrequired force, the arrest was most likely unreasonable.

5. Medical Treatment

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It is the responsibility of the Police to provide medical assistance to people in their custody. People who are injured, whether being arrested or in police custody. Withholding someone's medical treatment in custody is a violation of their rights and can lead to serious health issues. Also, denying medical attention to the individuals can be considered as a form of police brutality.

6. Illegally Obtained Evidence

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During a search investigation, law officers have some legal obligations that they must comply with. However, if they obtain evidence illegally and arrest you based on it, it would be a void arrest. Aside from this, it can be considered inadmissible in court. Trying to prove that the unlawfully obtained evidence is against you is misleading and illegal. 

7. Gender Discriminate

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Police officers should treat you with esteem and dignity regardless of gender identity, race, or expression, as no race, culture, or ethnicity is superior to anybody else. They cannot discriminate against you based on your gender, but if you feel that your rights regarding gender discrimination have been violated, then you can file a complaint.

8. Citizen Rights

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The Constitution obliges us to follow a certain set of acts & are rewarded by few citizen rights in response. Cops have no right to waive your rights. As a citizen, it is your right to know under what charges you are being arrested & who has lodged a complaint against you. You can request to get your legal attorney to get you bailed.

9. Unlawful Seizure of Items

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Many people might be unaware that Police cannot search everything in your house. They can only search for the items specified in the warrant. These forces can sometimes detract from the truth, seize expensive items for proof, and cannot legally detain for unreasonable periods or plant false evidence for arrests.

10. Revealing Details Later 

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Law enforcement officers often arrest innocent people, saying the details will be revealed upon reaching the police station. The Police hold no authority to body search you without a valid warrant. There is a slight chance that you may get kidnapped. So, stay calm, don't retaliate & just ask for a warrant issued to them by a credible source.

11. Intimidation

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Usually, uneducated people suffer the most from Police exploitation. They arrest a suspected individual, and failing to find proof against him, they start intimidating him. The police are responsible for making people safe, not increasing their problems. Any attempt to coerce or threaten you into confessing to a crime is illegal.

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12. Fabricating Details

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Authorities often have pressure from influential external sources to prove someone is convicted, but they can't do it openly. So, what they do is they try to tamper with evidence or manipulate the facts of the case. This practice is condemned worldwide & leads to nothing but social injustice. Therefore, you should keep a keen look at the prosecutor's actions.

13. Polygraph Usage

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A polygraph is an instrument used to analyze whether a suspect is guilty or not. It is also popularly known as a lie detector. The device measures and records changes in blood pressure, pulse, and breathing rate while the subject answers several questions. The suspect will likely lie if the pulse and blood pressure show an exponential graph.

14. Unnecessary Detention

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Once you're arrested under any charge, lawful or unlawful, the Police are bound to present you before the nearest magistrate within 24 Hours. If the Police fail to do so and unnecessarily detain you, you can file a complaint against the jailer according to Fundamental Rights Article 22 of the U.S. Constitution.

15. Handcuffing Ruling

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The ruling about when a police officer can handcuff an individual is quite simple. Unless a person is violent, desperate, or can cause damage to himself, he cannot be handcuffed. Hence, unnecessary restraints are not permissible. If the Police do so despite your submission, you can disagree to get handcuff.

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