There are several intellectual reasons why it is not advisable to run from the police. At the trial level, the assistant district attorney, also known as the prosecutor, has the opportunity to invoke the concept of "consciousness of guilt" by presenting evidence related to the defendant's act of fleeing. The essence of this situation is that an individual engaged in the act of running due to their awareness of having committed a crime. The concept of consciousness of guilt holds significant weight in legal proceedings, particularly for judges and juries. It serves as a jury instruction that can offer an additional basis for the prosecution to establish its case beyond a reasonable doubt. A criminal defense lawyer has the ability to present arguments to counter the alleged consciousness of guilt. However, it is preferable for the lawyer to avoid having to make such arguments altogether.
Running from the police can have significant consequences for your criminal defense attorney during the pre-trial phase. In previous blog articles, I discussed the three types of police interactions: mere encounter, investigative detention, and custodial interrogation/arrest. In Pennsylvania, it is important to keep in mind that a simple encounter with law enforcement does not automatically grant a person constitutional protections. Additionally, it is worth noting that unprovoked flight, particularly in areas with high crime rates, is regarded as a mere encounter in the state. The Pennsylvania Constitution generally offers greater protection against illegal search and seizure compared to the United States Constitution. However, this heightened protection does not extend to cases involving unprovoked flight. Running can serve as a basis for police officers to have reasonable suspicion to conduct an investigative stop. In certain legal situations, a criminal defense lawyer has the ability to present an argument aimed at providing an explanation for an individual's sudden departure from a scene, which may appear unprovoked. This argument could assert that the individual's actions were merely an instance of walking away or a response driven by fear, particularly in cases involving encounters with law enforcement officers who are not readily identifiable as such, such as unmarked or undercover police officers. According to a recent ruling by Pennsylvania's Superior Court, it has been determined that an unprovoked act of fleeing in a high crime area does not automatically give police officers reasonable suspicion, unless there is evidence to suggest that the suspect was aware of being pursued by law enforcement. When a suspect flees from an unmarked police car or undercover police without the officer identifying themselves as law enforcement, it can potentially provide a strong defense argument.
When police approach you, it is important to know how to respond in order to ensure your safety and comply with the law. Here are some guidelines to follow if you find yourself in this situation: 1. Remain calm: It is natural to feel nervous or anxious when approached by the police, but it is crucial to stay calm and composed. Based on the legal implications surrounding the act of running, it is advisable to refrain from engaging in this activity when approached by law enforcement personnel. When an individual chooses not to run, it is important to note that this decision does not imply their consent for the police to conduct a search of their person or belongings. Instead, it signifies their intention to interact with the officer in a courteous and respectful manner. When faced with the possibility of being arrested by a law enforcement officer, it is important to maintain a sense of composure and promptly seek legal representation by contacting an attorney. In the event that an officer conducts a search and discovers an item on your person or in your possessions, it is advisable to refrain from making any statements or providing any responses to the officer's inquiries regarding ownership. It is important to keep in mind that individuals possess constitutional rights that protect them from illegal search and seizure, as well as the right to remain silent. However, it is crucial to be aware of the existence of certain exceptions to these rights, as they may result in the admissibility of your statements in a court of law. Remaining silent is often considered the most effective strategy in certain situations, such as when dealing with a demanding police officer who insists on obtaining an answer to their question. By choosing to remain silent, individuals can employ a tactic that can potentially yield favorable outcomes. In a DUI case, choosing to remain silent can be a particularly effective strategy, especially when faced with questions from the officer regarding alcohol consumption or visiting a bar.
NOTE: Difficult respiration is a common occurrence in allergic reactions. In recent years, there has been a noticeable rise in the occurrence of allergic reactions to handcuffs. This individual possesses the ability to engage in physical activities such as running, yelling, and fighting without encountering any challenges or obstacles. Once the handcuffs are securely fastened, the act of breathing suddenly becomes a challenging task. The disease known as HRS-Handcuff Respiratory Syndrome has emerged as a pressing concern that warrants significant attention from the medical research community.
Running from the police can have significant consequences for your criminal defense attorney during the pre-trial phase. In previous blog articles, I discussed the three types of police interactions: mere encounter, investigative detention, and custodial interrogation/arrest. In Pennsylvania, it is important to keep in mind that a simple encounter with law enforcement does not automatically grant a person constitutional protections. Additionally, it is worth noting that unprovoked flight, particularly in areas with high crime rates, is regarded as a mere encounter in the state. The Pennsylvania Constitution generally offers greater protection against illegal search and seizure compared to the United States Constitution. However, this heightened protection does not extend to cases involving unprovoked flight. Running can serve as a basis for police officers to have reasonable suspicion to conduct an investigative stop. In certain legal situations, a criminal defense lawyer has the ability to present an argument aimed at providing an explanation for an individual's sudden departure from a scene, which may appear unprovoked. This argument could assert that the individual's actions were merely an instance of walking away or a response driven by fear, particularly in cases involving encounters with law enforcement officers who are not readily identifiable as such, such as unmarked or undercover police officers. According to a recent ruling by Pennsylvania's Superior Court, it has been determined that an unprovoked act of fleeing in a high crime area does not automatically give police officers reasonable suspicion, unless there is evidence to suggest that the suspect was aware of being pursued by law enforcement. When a suspect flees from an unmarked police car or undercover police without the officer identifying themselves as law enforcement, it can potentially provide a strong defense argument.
When police approach you, it is important to know how to respond in order to ensure your safety and comply with the law. Here are some guidelines to follow if you find yourself in this situation: 1. Remain calm: It is natural to feel nervous or anxious when approached by the police, but it is crucial to stay calm and composed. Based on the legal implications surrounding the act of running, it is advisable to refrain from engaging in this activity when approached by law enforcement personnel. When an individual chooses not to run, it is important to note that this decision does not imply their consent for the police to conduct a search of their person or belongings. Instead, it signifies their intention to interact with the officer in a courteous and respectful manner. When faced with the possibility of being arrested by a law enforcement officer, it is important to maintain a sense of composure and promptly seek legal representation by contacting an attorney. In the event that an officer conducts a search and discovers an item on your person or in your possessions, it is advisable to refrain from making any statements or providing any responses to the officer's inquiries regarding ownership. It is important to keep in mind that individuals possess constitutional rights that protect them from illegal search and seizure, as well as the right to remain silent. However, it is crucial to be aware of the existence of certain exceptions to these rights, as they may result in the admissibility of your statements in a court of law. Remaining silent is often considered the most effective strategy in certain situations, such as when dealing with a demanding police officer who insists on obtaining an answer to their question. By choosing to remain silent, individuals can employ a tactic that can potentially yield favorable outcomes. In a DUI case, choosing to remain silent can be a particularly effective strategy, especially when faced with questions from the officer regarding alcohol consumption or visiting a bar.
NOTE: Difficult respiration is a common occurrence in allergic reactions. In recent years, there has been a noticeable rise in the occurrence of allergic reactions to handcuffs. This individual possesses the ability to engage in physical activities such as running, yelling, and fighting without encountering any challenges or obstacles. Once the handcuffs are securely fastened, the act of breathing suddenly becomes a challenging task. The disease known as HRS-Handcuff Respiratory Syndrome has emerged as a pressing concern that warrants significant attention from the medical research community.
