Avoid Marijuana Arrests
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Avoid Marijuana Arrests - T3 Publications
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Chapter 1
A Brief Discussion of American Law
American law derives much of its original legal format from English common law, where we learned the old saying that a man’s home is his castle.
As such, a man’s home should be protected from unwanted attacks
or intrusions.
The Fourth Amendment (Amendment IV) to the United States Constitution prohibits unreasonable searches and seizures of our homes and property. The Fourth Amendment requires that all searches and seizures be conducted only as the result of a warrant, which is legally supported by probable cause.
Fourth Amendment case law helps to define what justifies a search
and seizure
. Law enforcement officers need a warrant in most cases for search and seizure activities, but the Court has defined a series of exceptions. For our purposes three of these exceptions include 1) consent searches 2) motor vehicle searches and 3) evidence in plain view.
Consent searches allow a law enforcement officer to search a person’s home or property (such as a car) as long as the owner of the home or property consents to the search. This is why officers often say, Would be OK to search your vehicle.
Or, You wouldn’t mind I just looked in the trunk would you?
Or, You wouldn’t mind if I checked your pockets just to be sure you don’t have a weapon do?
These seemingly innocent phrases, often stimulates a citizen to agree to a search. When a citizen is being questioned they are often nervous, and want to cooperate with the police so as not to arouse suspicion. Many citizens’ unwittingly give away the store in these situations, and allow the officers to search their clothing, their vehicles, and their homes. Such searches, if fruitful land the citizen in jail. You might think twice before consenting to a search. As an American citizen you have the right, as granted to you by the 4th Amendment, to request a warrant for a search, and therefore not give consent for a search when asked. Your refusal for a search, forces the police to get a warrant, which is a lengthy process which usually requires a judge’s decision. And, in order for the judge to sign off on a warrant the police officer must explain to the judge what probable cause exists to justify a search, or what has been observed, that a crime awaits discovery in your home, or car, or on your person. You have the right to ask the officer’s what probable cause they have to conduct a search. An officer might say he or she has a hunch. Well, I’m sorry officer but a hunch is not probable cause for a search.
An officer might say he or she just wants check. You could say, "Officer your desire to check inside my car does not constitute evidence of a crime, and therefore is not probable cause for a search, therefore if you want to search you’ll need a warrant."
There is also the matter of the plain sight doctrine, sometimes referred to as evidence in plain view which basically states that if a crime is witnessed or observed in plain sight, then such observations constitutes probable cause for further investigation. This is why the police often use their flashlights at night to peer into your car once they’ve pulled you over. They look at the people in the car, they look on the floorboard, and they look on the seats and on the dashboard all in an effort to locate suspicious items in plain sight. If the police manage to see a bong, or rolling papers, or liquor bottles, beer cans, roach clips, pills, or a plastic bag full of dark green leafy material; they may have probable cause that a crime awaits their discovery following a more thorough investigation. With such items witnessed in plain sight, the police will move forward with their search at that time. There is no need to contact a judge and get a warrant to do so if they have observed probable cause.
The police might ask you a question like, Do you have any weapons or contraband under the seats or in the glove box?
If you were to say Yes,
they will move forward with their invasive search. A Yes
answer gives your consent to conduct a search.
Chapter 2
More About The Law, How Cops Operate, And How You Should Operate
1) I suggest you do not agree to a search unless you truly have nothing to hide. If you