Perna & Abracht, LLC has released comprehensive guidance titled "Know Your Rights During a Police Encounter" to help Pennsylvania residents understand their constitutional protections during interactions with law enforcement. The advisory comes at a time when questions about police procedures, traffic stops, and searches are increasingly common throughout the state, according to the firm's announcement.
"As criminal defense attorneys, we regularly see situations in which individuals unintentionally compromise their rights because they do not fully understand how police encounters work," said Ryan G. Borchik, attorney at the firm. "This advisory provides clear, general information that empowers community members to make informed decisions during these stressful moments."
The guidance outlines five key principles every Pennsylvania resident should understand. First, individuals have the right to remain silent and are not required to answer questions beyond providing basic identifying information. Remaining silent cannot be used as evidence of wrongdoing, and invoking this right early often protects individuals from unintentionally harming their case. Second, unless officers have a warrant, probable cause, or specific legal authority, individuals may refuse consent to search their person, vehicle, or home. The firm recommends clearly stating, "I do not consent to a search," to preserve this right.
Third, individuals may ask if they are free to leave during an encounter. If an officer detains someone temporarily, the person may calmly ask, "Am I free to go?" If the officer says yes, the individual may walk away. If the officer says no, the encounter has become a detention and additional rights apply. Fourth, anyone questioned, detained, or arrested has the right to speak with an attorney before answering questions. Declining to speak until consulting a lawyer protects individuals from making statements that can be misunderstood or misapplied.
Fifth, the guidance emphasizes that even if a person believes an encounter is unjustified, resisting or arguing can escalate the situation. The safest course is to remain calm, comply with lawful commands, and address any violations later with legal counsel. The advisory also encourages individuals to be aware of their responsibilities, such as providing identification in certain traffic stop situations, and emphasizes that understanding rights helps reduce confusion, fear, and unintended legal consequences.
"Our goal is to help the community understand constitutional protections without giving case-specific legal advice," Attorney Ryan added. "Knowledge of your rights is a crucial part of ensuring fairness and accountability during police encounters." Residents seeking more detailed information about specific criminal charges or legal concerns can schedule a complimentary consultation with Perna & Abracht, LLC through their website at https://www.pernaabracht.com. The firm represents clients throughout Chester County, Delaware County, Lancaster County, and surrounding Pennsylvania communities.
