Tuesday, February 17, 2009

Illegal Search and Seizure

Police search of your car. Never consent to the police searching your car. In order to even ask if they can search your car the cops have to have "an articuable suspicion" that the search would reveal evidence of a crime. To get articuable suspicion the police will separate you from your passenger and ask where you were going and then ask you the same question. If they get different answers they will claim articuable suspicion. If you have been stopped for a simple traffic violation , where you were going or coming from is none of their business.

They might threaten that if you don't cooperate, they will get a warrant or bring in drug sniffing dogs. Tell them to get the warrant because to get one they will have to tell a judge what justifies the warrant. They are only allowed to hold you for a reasonable amount of time or it is a violation of your 4th Amendment rights.

Your criminal defense lawyer can prevent the use of evidence against which was seized in an unconsitutional search.

New Jersey Illegal Search Criminal Defense Lawyer

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