Pennsylvania Law Firm Releases Guidance on Constitutional Rights During Police Encounters

The law firm Perna & Abracht, LLC has released comprehensive guidance titled "Know Your Rights During a Police Encounter" to help Pennsylvania residents understand their constitutional protections. The advisory 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 police encounter dynamics. The firm's guidance aims to provide clear, general information that empowers community members to make informed decisions during stressful interactions with law enforcement.

The rights-based guidance outlines several fundamental principles every Pennsylvania resident should understand. First, individuals have the right to remain silent beyond providing basic identifying information, and invoking this right early often protects against unintentionally harming one's case. Second, unless officers have a warrant, probable cause, or specific legal authority, individuals may refuse consent to search their person, vehicle, or home by clearly stating "I do not consent to a search." Third, individuals may ask if they are free to leave during an encounter; if the officer confirms they are free to go, the person may walk away, while a negative response indicates a detention where additional rights apply.

Fourth, anyone questioned, detained, or arrested has the right to speak with an attorney before answering questions, which protects against making statements that could be misunderstood or misapplied. Fifth, the guidance emphasizes remaining calm and not resisting even if an encounter seems unjustified, as resistance can escalate situations, and violations should be addressed later with legal counsel. The advisory also notes responsibilities like providing identification during certain traffic stops and stresses 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, 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, with attorneys licensed in multiple states including Pennsylvania, Texas, Colorado, and Arizona.