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Wow. Seems like excellent advice. Thanks, Byroon!
Did anyone notice (while reading through the links) that our Mr. Matheson pleaded no contest at first, and was given Probation :shock: --- I mean c'mon folks, I'm glad the brutha did not have to do heavy time and all; but let's face it: He was popped with multiple drugs, paraphenalia, the whole kit and caboodle, and only got probation!! Then, he fights his way through the courts and he wins!!! Guy must really lead a charmed life eh??? :wink: :wink: --------- senorsal
Knowledge is power and the more you know about your rights the better off you are. Always ask if you are free to go and if not, ask why not.
I remember many years ago I got stopped by a cop for no particular reason. Driving while young with long hair, I think was the reason. They shined flashlights into the car and wanted permission to search it. I said no. They said some lie about how they could get a warrant in 25 minutes and I said go ahead and get the warrant. They backed down right away and let me go. Another time, I had nothing on me and they did the flashlight thing. They wanted to know what was in a plastic jug. It was just water for the radiator so I took it out, opened it and offered them a swig. That got a laugh from the other cop while his partner sniffed it.
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Some very good points in the original post Byron. It's important to never consent, even if you know the dog is there and that you've got stinky herb smeared all over the car. A fella I know won a large felony drug distribution case in federal court after digging up the dog's training records and showing to the court that the dog didn't find drugs more than 50% of the time that it allegedly alerted! Probable cause, i.e. more likely than not, is the standard for a warrantless search of a vehicle, when a dog can't even be shown to properly alert more often then not then you've got a winner. If his client had given up and admitted what he had when he saw the dog, or the dog barked, he would have been sitting in the federal pen for many years to come.
If the cops make you wait longer than it takes to write a ticket for the dogs to come you have an unlawful seizure which can get all evidence suppressed. Interesting trick with the chest pains, didn't even give the cops or DAs a chance to argue that you refused tests. Another common trick for drunk drivers in one car accidents is to run to a bar and start drinking before the cops find you (hand the bartender the keys), I've even joked about this with a DA who said that's what they would do if they ran into a light pole on the way home from the pub.
Sometimes you'll have to educate your lawyer too. Most won't have a freakin' clue what DXM is or that dissasociatives will cause horizontal gaze nystagmus (HGN). Also, many states won't admit an officer's testimony regarding HGN as it's reliability is scientifically based and evidence requirements set by the US supreme court in recent years requires some basis of knowledge for testifying as to the reliability of a test based upon some scientific principal (e.g. a cop who happened to be an opthamologist could screw you on this test, but otherwise you may be o.k. even if you bomb this portion of the field sobriety tests, your state's laws may vary).
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An excellent book is You and the Police, by Boston T. Party, published by Javelin Press. It informs you of your rights if you're ever a police target.
The last edition I have is from 1996. If someone out there is familiar with the book, and/or is an attorney, do you know what may have changed since the 1990's?
Thanks.
What with the Patriot Act/Homeland Security yadda yadda, as well as the fact that the Supreme court recently let stand a lower court ruling allowing a drug dog sniff around a vehicle without needing to justify prior suspicion; it's my guess that things have changed. (and as usual changed to the ever more repressive)---- :cry: -------- BTW--- welcome fellow Floridian :wink: ---------- senorsal