Knowing Your Rights on Cinco de Mayo

alcoholDespite the origin of Cinco de Mayo and its traditions, the holiday in America is commonly associated with an opportunity to drink a lot of margaritas or cerveza. That being said, any Harrisburg bail bondsman will know that those who drink excessively on Cinco de Mayo are more likely to have a run-in with the law. If you plan on celebrating the holiday and consuming alcohol, it’s important to know your rights.

  • It is your right to deny a Breathalyzer test, but doing so may result in your driver’s license being suspended for six months.
  • It is also your right to deny an officer’s request to search your property or home. Keep in mind that if you do allow a search on your premises, officers can use any evidence during the search against you in court (even if there was no warrant).
  • The police do not have the right to use excessive force or search/arrest you without probable cause.
  • If an officer does attempt to put you in handcuffs, do not resist – even if you feel the arrest is unwarranted. Resisting arrest will, in turn, give the police a valid reason to arrest you.

As Americans, the 4th Amendment protects us from the unlawful search and seizure of our private residences without a warrant. However, if police officers can see a felony being committed, they have the legal right to act. The general rule is simple: Don’t break the law. This includes purchasing alcohol for those under 21, using a fake ID to purchase alcohol, or driving under the influence.