Is it illegal for police to detain you and take your mug shot and fingerprints if they tell you that you are not under arrest and have not read you your rights?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it illegal for police to detain you and take your mug shot and fingerprints if they tell you that you are not under arrest and have not read you your rights?

Asked on October 18, 2014 under Criminal Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If you have not been arrested or read your rights, the police can *ask* to take your picture and to fingerprint you, and if you agree to let them, it's legal--same as the fact that while they need a warrant to search your home against your will, you can always agree to let them search. The could also just snap a photo of you without your permission, same as anyone can pull out a smart phone and take a picture of another. But they cannot force you to pose for a mugshot and they cannot take your fingerprints against your will unless you have been arrested.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption