I'm glad we know have a mod here, but it sickend me that this has not been posted by someone yet:

The key to avoiding an arrest is knowing your rights.

This thread is intended to be a resource thread. I am not famliar with the laws of the U.K, but I will try my best to figure them out for you. In the mean time, This is what I have:

USA


Miranda Warnings


This is incredibly important and has saved many people before. An officer is required to read them to you, if he doesn't you pretty much get off scott-free if you are arrested and charged.

The Miranda Warnings are stated like the following by most police forces:

You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you.

Source:

http://www.usconstitution.net/miranda.html

As I previously stated, that is how Most not ALL police forces read them to you. The Supreme Court did set some guide lines:

The person in custody must, prior to interrogation, be clearly informed that he or she has the right to remain silent, and that anything the person says may be used against that person in court; the person must be clearly informed that he or she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he or she is indigent, an attorney will be provided at no cost to represent him or her.

The statement became a requirement after the Miranda vs. Arizona case. You can read more about it here:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=384&invol=436

Let's break down each section of the Miranda Warnings:

You have the right to remain silent. Anything you say can and will be used against you in a court of law.

This section is protecting your 5th Amendment rights. In other words, You can remain silent to avoid incriminating yourself. The 5th Amendment reads as follows:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Source:

http://www.usconstitution.net/xconst_Am5.html

You can read more about the 5th amendment here:

http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution

You have the right to have an attorney present during questioning. If you cannot afford an attorney, one will be appointed for you.

IN the united states, if you are being prosecuted you have the right to have a free legal defense if you can not afford a private attorney. What this section of the miranda warnings portects is your 6th Amendment rights. The 6th Amendment reads as follows:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district where in the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence

Source:

http://www.usconstitution.net/xconst_Am6.html

You can read more about the 6th amednment and what it means here:

http://en.wikipedia.org/wiki/Sixth_Amendment_to_the_United_States_Constitution


If you are ever read your miranda warnings, The only thing you should say is "I am not talking to you until I am appointed an attorney". Constantly ask if you are being detained. If the answer is "no", then ask if you are free to go. IF the officer doesn't permit you to leave, repeat the process.


Searches, Warrants, and Probable Cause


In the United States, you are protected from unreasonable searches. This is covered by the 4th Amendment. The 4th Amendment reads as follows:

The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures shall not be violated, and no warrants shall issue, but upon probable cause, supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized

Source:

http://www.usconstitution.net/xconst_Am4.html

Basically, the police can not search you or confinscate anything without probable cause which is the basis for a search warrant. You can read more about the 4th Amendment here:

http://en.wikipedia.org/wiki/Fourth_Amendment_to_the_United_States_Constitution

Search warrants are court orders that allow police to search anything that is specified in the warrant and seize any items. A search warrant requires probable cause. Probable cause can be anything in today's world. There are so many different aspects of Search warrants and case laws relating to probable cause that it has boled down to the sad reality that rumors are enough "evidence" for a judge to sign a warrant.

I will leave you with these two articles:

Probable Cause (http://en.wikipedia.org/wiki/Probable_cause)

Search Warrants (http://en.wikipedia.org/wiki/Search_warrant)

These videos are very useful and everyone should watch them:

http://www.flexyourrights.org/busted/movie_clips

They come from this site which is also very good:

http://www.flexyourrights.org/index.php


More To come later, feel free to add anything useful.

Disclaimer:

You should always consult with an attorney and never fully trust legal advice online. I am in no way liable for how you use this information.