The law firm Perna & Abracht, LLC has released a comprehensive advisory titled "Know Your Rights During a Police Encounter" to help Pennsylvania residents understand their constitutional protections. The guidance addresses increasing questions about police procedures, traffic stops, and searches throughout the state. According to attorney Ryan G. Borchik, criminal defense attorneys regularly encounter situations where individuals unintentionally compromise their rights due to unfamiliarity with how police encounters function. The advisory aims to provide clear, general information that empowers community members to make informed decisions during stressful interactions with law enforcement.
The firm's guidance outlines five key principles that 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 guidance recommends clearly stating, "I do not consent to a search," to preserve this constitutional protection.
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 confirms they are free to leave, 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 could be misunderstood or misapplied in legal proceedings.
Fifth, the guidance emphasizes remaining calm and not resisting even if a person believes the encounter is unjustified. Resisting or arguing can escalate situations, so the safest course is to remain calm, comply with lawful commands, and address any potential 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.
Attorney Ryan Borchik explained that the firm's goal is to help the community understand constitutional protections without providing case-specific legal advice. Knowledge of rights represents a crucial component in 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.
The release of this guidance comes at a time when public awareness of police procedures has increased significantly. By providing accessible information about constitutional rights, the firm aims to bridge knowledge gaps that can lead to unintended legal complications. The advisory serves as a practical resource for Pennsylvania residents navigating interactions with law enforcement, potentially reducing misunderstandings and promoting more informed decision-making during critical moments. This initiative reflects broader efforts within the legal community to enhance public understanding of fundamental rights and protections under the law.
