subject: Your Fourth Amendment Rights On the Road [print this page] Your Fourth Amendment Rights on the Road Your Fourth Amendment Rights on the Road
Abstract/ While around the street your rights to and seizure vary considerably from state to state and jurisdiction to jurisdiction. This article will describe what you're able to do to protect your self from unconstitutional actions by legislation on the .
A man's house is his castle, and it is accepted that in most legal situations short of protection of other people or arrests no enter your house without your permission. What about your car? In some states, such as New Mexico, your automobile is a legal extension of your house, and must be treated as suchthis kind of. In most other people, nevertheless, your fourth amendment rights are considerably limited whilst on public roadways, and if you are not careful you could end up forfeiting them.
Whilst on the street and being questioned by enforcement, you still have the to refuse search unless probabley cause is provided. Probable cause is basically anything that gives the police officer a reasonable suspicion a crime has been committed. Examples are drug-related odors, suspicious powders, a visible illegal weapon, or admission by someone within the car to a crime. Absent probable cause, your car can not be searched unless you give permission.
Several law enforcement personnel will phrase a search without calling it such. They might ask "You don't mind if I look around in t car, do you?" Don't be fooled by this. You should usually firmly state that you don't give permission for a research, and if you are not being detained you will be leaving. According to "Speeders," 10% of searches result in arrests; this is the primary reason why enforcement personnel are anxious to any automobile they can.
Should you discover yourself under arrest after a search, you should contact a felony defense lawyer. Felony defense attorneys are well versed in the legalities of searches and the fourth amendment, and will be able to look at your case and tell you if you have the possibility of filing for a dismissal based on enforcement misconduct. Do not fall victim to an illegal search; hire a lawyer as soon as you discover yourself in trouble.
Cias Hart veteran and lifelong resident of Phoenix. If you've been arrested or charged in the greater metro area, employ a < a rel="nofollow" onclick="javascript:_gaq.push(['_trackPageview', '/outgoing/article_exit_link']);" href=http://www.petersenjohnson.com>Phoenix criminal defense lawyer immediately. Regardless of one's immediate desire to get the situation over with, the time spent with an Arizona criminal defense lawyer could mean the between freedom and imprisonment.
