patent the patent
(Note: This article does not claim to be legal advice and is only in the editorial content. If you have questions about this topic please contact your attorney.)
During law school, I had a professor in criminal trials, which are always on the human head in the trunk. " The human head in the trunk actually representative of the obvious illegal article can be pulled in their trunk when the police for any kind of stop when you are in a vehicle.
Although the current Supreme Court has significantly expanded the search powers of the authorities, we, as citizens, nor the rights under the Fourth Amendment of the Constitution to protect it. Here are some simple examples, the advice, if followed could fully benefit from your attorney should be in conflict with the law.
John and Dave are the driving force on the road with the proverbial "human head in the trunk" of Dave's car when the blue light of the police cruiser in the rearview mirror. Their hearts start to race and their palms sweating. Questions, what to do and scenarios of the terrible consequences are flooding their minds. After Dave pulls over, the officials in the vehicle and informed the driver that a tail light, and it will be a citation for a non-moving violation. John and Dave breathe a little easier. Then out of the blue, the officer asked if they mind opening their trunk. John thinks "no way" but Dave answers, "Sure officer, I have nothing to hide" because he believes that the more cooperative the officer let him go or not, the search at all.
Needless to say, when opening the trunk the officer discovered the "human head" and Dave and John were arrested. Their lawyer had no basis for the search in the main proceeding, because Dave had given their consent to search. Always refuse a permit to the police search. Remember that 100% of the time when the police reason enough to receive the warrant, and if they do not have the necessary probable cause only refuse to search is not enough in itself to create probable cause. Stay calm and refuse the search, simply on the 4th Amendment right not to be searched. At least if they have a warrant and executes the search for your attorney have some legal basis to exclude the evidence. Once you have you called the police a free pass.
What should you do if you really have nothing to hide? Still refuse the search. I have always recommended to my friends and family to refuse the search simply because we never know everything about our "friends and acquaintances." In example again John and Dave are the driving force on the road with nothing in the trunk. You are on the way to a church youth function. Dave has known John for years, but what Dave does not know is that John was under a lot of stress lately. His girlfriend broke with him, his brother went to prison for drug offenses a month ago and his parents always a divorce. Shortly before John Dave took him a bag of pot in his brother in the room and decided that he could try it, so he is in his pocket. Dave is also drawn for more than a bad tail light. This time John panic and raises the pot under the seat of the car. Dave, not knowing there was contraband in the car and the assumption that it can not write him a ticket to the police to search the vehicle. If the pot, John is shocked and denies having ever seen the pot. As the owner of the car, Dave is arrested. The police never had probable cause and could therefore only after the car with the consent of the owner.
One can usually assume that a search be denied. Remember, if the police the evidence they had already been arrested and, if you ask them they do not yet have probable cause.
This content is provided by his lawyer, Douglas R. Smith. It may only be used in its entirety with all links included. For more information on your rights and criminal defense, please visit Carter, Smith & Associates Criminal Defense Law Group
0 ความคิดเห็น:
แสดงความคิดเห็น