Perna & Abracht, LLC has released comprehensive guidance titled "Know Your Rights During a Police Encounter" to assist Pennsylvania residents in understanding their constitutional protections. The firm developed this resource in response to increasing questions about police procedures, traffic stops, and searches throughout the state.
Ryan G. Borchik, an attorney at the firm, explained the motivation behind creating the advisory. "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," Borchik said. "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 during police interactions. First, individuals have the right to remain silent and are not required to answer questions beyond providing basic identifying information. The firm emphasizes that remaining silent cannot be used as evidence of wrongdoing, and invoking this right early often protects individuals from unintentionally harming their case.
Second, the guidance explains that individuals have the right to decline a search in many situations. Unless officers have a warrant, probable cause, or specific legal authority, individuals may refuse consent to search their person, vehicle, or home. The firm advises 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 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 legal representation. The guidance recommends declining to speak until consulting a lawyer to protect against making statements that can be misunderstood or misapplied.
Fifth, the firm advises remaining calm and not resisting even if a person believes the encounter is unjustified. Resisting or arguing can escalate the situation, and the safest course is to remain calm, comply with lawful commands, and address any violations later with legal counsel.
The advisory also addresses individual 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," Borchik 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 through the firm's website at https://www.perna-abracht.com. The firm represents clients throughout Chester County, Delaware County, Lancaster County, and surrounding Pennsylvania communities.
