the champagne of legal advice...
thank you high life. you are a credit to your profession.
first the question:
i'm driving down the turnpike rocking my reef sandals and i get pulled over. the sandals are out of sight, but do i have to allow an officer to search my car? can i deny him that? or is that worse? what's my best plan of attack?
Ah, yes three years of law school finally paying off. Now first of all, this is by no means "legal advice" rather just tips to keep you out of trouble or at least protect you in an unfortunate situation.
1. The 5-0 need "probable cause" to search your car without your consent. The threshold is pretty low, with some courts even acknowledging that a Dead sticker could count. (I'm not making this up). Usually it will be that they smell something, your eyes, etc...
2. That being said, whatever you do, do not consent to a search because you then waive most arguments relating to an illegal search and seizure.
3. Don't argue, however just make sure you make it clear that they do NOT have your consent to search. They may do it anyway, but you are just preserving the issue for later.
4. Whatever happens, don't say anything. Answer the basic questions, but don't forget "anything you say, can and will be used against you." There is no explanation you can give that will make it better.
5. Ask for a lawyer right away.Check out this tip sheet from the aclu:
http://www.aclu.org/Files/OpenFile.cfm?id=10042
first the question:
i'm driving down the turnpike rocking my reef sandals and i get pulled over. the sandals are out of sight, but do i have to allow an officer to search my car? can i deny him that? or is that worse? what's my best plan of attack?
Ah, yes three years of law school finally paying off. Now first of all, this is by no means "legal advice" rather just tips to keep you out of trouble or at least protect you in an unfortunate situation.
1. The 5-0 need "probable cause" to search your car without your consent. The threshold is pretty low, with some courts even acknowledging that a Dead sticker could count. (I'm not making this up). Usually it will be that they smell something, your eyes, etc...
2. That being said, whatever you do, do not consent to a search because you then waive most arguments relating to an illegal search and seizure.
3. Don't argue, however just make sure you make it clear that they do NOT have your consent to search. They may do it anyway, but you are just preserving the issue for later.
4. Whatever happens, don't say anything. Answer the basic questions, but don't forget "anything you say, can and will be used against you." There is no explanation you can give that will make it better.
5. Ask for a lawyer right away.Check out this tip sheet from the aclu:
http://www.aclu.org/Files/OpenFile.cfm?id=10042
1 Comments:
thanks millhowze,
Now I could gets blunted all over da freewayz. Deeky this sight has really improved my entire life.
Arseface
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