On Your Own; Your Legal Right @ Eighteen On Your Own formatted final version | Page 31

When can I be searched?
The Vermont Constitution states that “the people have a right to hold
themselves, their houses, papers, and possessions, free from search or
seizure.” That doesn’t mean that a search can never happen, however. In
practice, the times when police can search you are the same as when they
can arrest you. In other words, a search also requires probable cause. A
search can include fingerprinting you, taking your photograph, and
administering a blood-alcohol test.
The police cannot search your home, your car, or belongings unless (1)
they have a warrant from a court, (2) they have your consent, or (3) there
is some sort of emergency. You do not have to give your consent. If the
police do not say that they have a warrant, it is absolutely fine to politely
decline permission to let them enter your house or your vehicle.
Do I have to answer questions? What are my rights?
If you are arrested, the police will likely ask you questions. You do not have
to answer them. Anything that you say to the police can be used in a later
trial as evidence to prove that you committed a crime.
If the police want to question you, they must first inform you of your
rights. The specific rights that police must tell you about are sometimes
called your Miranda rights, after a famous case in the United States
Supreme Court. Your two most important Miranda rights are the right to
remain silent and the right to have a lawyer.
The right to remain silent means you can remain completely silent or
answer some questions and not others. It is up to you. You cannot at any
time be made to answer any questions or sign any statement, and you
should report any force or threats to the court or to your lawyer. Don’t
rely on the promise of a policeman to help you in exchange for a
confession. It’s natural to want to explain your side of the story. But
remember that anything you say can be later used against you in court.
The right to a lawyer in a criminal case is one of the most fundamental
rights that you have in this country. It’s sometimes called the “right to
counsel” because a lawyer’s job is to give you counsel or advice, as well as
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