The law firm Perna & Abracht, LLC has released "Know Your Rights During a Police Encounter" guidance to help Pennsylvania residents understand their constitutional protections. The guidance comes at a time when questions about police procedures, traffic stops, and searches are increasingly common throughout the state. As criminal defense attorney Ryan G. Borchik noted, individuals often unintentionally compromise their rights due to lack of understanding about how police encounters work, making this advisory particularly important for empowering community members during stressful moments.
The firm's rights-based guidance outlines several key principles every Pennsylvania resident should be aware of. 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. Clearly stating, "I do not consent to a search," preserves this right.
Third, if an officer detains someone temporarily, the individual may calmly ask, "Am I free to go?" If the officer says yes, the person 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, even if a person believes that the 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.
As Attorney Ryan explained, the goal is to help the community understand constitutional protections without giving case-specific legal advice, noting that knowledge of rights is crucial for ensuring fairness and accountability during police encounters. Residents seeking more detailed information about specific criminal charges or legal concerns can schedule a complimentary consultation through the firm's website at https://www.pernaabracht.com. The firm represents clients throughout Chester County, Delaware County, Lancaster County, and surrounding Pennsylvania communities.
