Atlanta Criminal Defense Attorneys

Every suspect in a criminal case has the right to remain silent and not incriminate him or herself. Exercising this right is often referred to as “Pleading the Fifth” because it comes from the Fifth Amendment of the U.S. Constitution. If you are being questioned by the police, it is in your best interest to exercise your right to remain silent until you consult with your criminal defense attorney.

Miranda rights are warnings the police must read to a person, prior to interrogating that person. In Georgia, the police must advise you of the following 4 rights:

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

(2) You have the right to consult with an attorney and to have an attorney present with you while you are being questioned.

(3) If you cannot afford an attorney, the court will appoint an attorney to represent you free of charge.

(4) You can decide at any time to exercise these rights, and not answer any questions or make any statements.

Police are required to read Miranda rights to any person, who is in police custody, prior to questioning that person. For purposes of Miranda, being in police custody doesn’t just mean being arrested or in jail. A person is in police custody when they are detained by the police, in some way, and are not free to leave. For example: the police come to your house, ask to speak to you in the living room, and advise you that you cannot leave.

Typically, police must have a search warrant before they can search your home; however, there are a few exceptions. Below is a list of the most common exceptions, but this list is not comprehensive.

(1) Consenting to the Search – If the police ask for your permission to search your home and you allow (in other words, consent to) the search, then they do not need a search warrant and the search is considered legal under the law.

(2) Search Incident to Arrest – If the police are executing an arrest warrant at your home, they can search your home for the person, named in the warrant, and for weapons. This search is considered necessary for officer safety and is a legal search under the law.

(3) Exigent Circumstances – The law recognizes that sometimes, extreme circumstances arise, which make it impossible for the police to obtain a search warrant. For example: if a suspect is being pursued by the police and flees into a home, then the police can go into that home, without a search warrant, and search for the suspect; if the police have good reason to believe that a crime is being committed inside the home, they can go into that home, without a search warrant, to intercept the commission of the crime; if the police have good reason to believe that evidence is being destroyed, they can go into a home, without a search warrant, to prevent the destruction of evidence.

The cops cannot just track a cell phone for no reason. In order for the cops to be able to track your cell phone, they must first obtain a search warrant for your cell phone provider’s location (GPS) data. To secure a search warrant for that data, the cops have to convince a magistrate judge that there is probable cause to believe you are engaged in criminal activity and their investigation requires the tracking of your cell phone. If they fail to follow the appropriate procedures, your criminal defense attorney should file a motion to suppress that evidence.