Masonry Magazine April 1966 Page. 18
Your Rights And Liabilities
As A Citizen
by Peer Pedersen
MCAA Legal Counsel
Your rights and liabilities as a citizen are a sacred trust, guaranteed by both the Constitution of the United States and the state of your residence. This article is prepared to acquaint you with your rights and privileges generally under the criminal laws of the respective states. Since an arrest can be made for motor vehicle violations and other infractions of laws that we all are subject to, a knowledge of the basic provisions of the law is essential so that your rights are protected.
Who Can Make An Arrest?
1. A police officer, sheriffs, deputy sheriffs, or state troopers.
A. An arrest can be made without a warrant when the officer has reasonable grounds to believe that a person is committing or has committed an offense or that a warrant for the person's arrest has been issued.
B. In all other instances, a warrant must be issued by a judge before an arrest can be made.
2. A private person can make an arrest if a criminal offense is committed or attempted in his presence other than an ordinance violation. A "citizen's arrest" should not be attempted except under unusual circumstances and the prudent course to follow would be to contact the police.
What If You Are Innocent?
In all instances you should fully cooperate with the police officer and not attempt to be disorderly or abusive. If you feel that you are being unjustly charged there is adequate legal machinery designed to protect your rights which can be invoked in a court of law.
Can the Police Officer Use Force to Arrest You
The police officer is justified in using whatever degree of force is necessary in order to achieve his intended arrest. Once you have been sufficiently restrained, the continued use of force is illegal except where such force is needed to keep you under arrest or search your person.
Can You Be Searched?
When you are lawfully arrested, the arresting officer may search your person without the need of a search warrant. Similarily, the place of your arrest, if subject to your control, may also be searched without a warrant if it is incidental to the arrest.
In all other cases, a search warrant is necessary in order to conduct a legal search.
What Happens After You Are Arrested?
You are under no duty to answer any questions directed to you by the arresting officer, or the court, nor are you bound to sign any type of statement or submit to scientific test (e. g. breatholizer).
If you are arrested without a warrant, you must be taken without unnecessary delay before a judge. If you are taken to a police station, you have a right to be "booked" without undo delay. This means that you cannot be held an unreasonable length of time without a charge being brought against you.
You are entitled to apply promptly for bail for all offenses except crimes which may carry a death penalty. The amount of bail is fixed by the judge, except that in most minor offenses the police may release you on bail. You have a right to have bail set without unnecessary delay.
If you cannot raise funds for bail, you may consult a professional bond's man. His fees are regulated by statute and are fixed at 10% of the total amount of the bond set by the judge.
Can You Notify Your Family or Lawyer?
You have the right to communicate with an attorney of your choice or a member of your family by making a reasonable number of telephone calls. Such communications are to be permitted within a reasonable time after you are taken into custody.
YOUR RIGHTS IN COURT
In court, the charges made against you will be read by the clerk or the judge. You will then be asked to plead guilty or not guilty.
If possible, you should be represented by an attorney except in very trivial cases. If you ask the judge, he will allow you time to contact an attorney. If so requested, the court will appoint the public defender or a court-appointed attorney to represent you.
MASONRY April, 1966