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Recent Exclusionary Rule questions
If im sitting in my car on my brake from work, and two undercovers
If im sitting in my car on my brake from work, and two undercovers drive by and stop. They get out of there car and walk towards mine, and ask me what im doing. I reply im on my 10 min brake from work. One officer says looks like you could of been stealing the car, thats why we stoped.After knowing i wasnt stealling the car. They asked me to step out of my car started searching me and the car. I told them that im not on probation or parole whats the reason for the search. My question is can they search me or car if not on parole or probation
I was followed by a police car at 4 am he was a half a mile
I was followed by a police car at 4 am he was a half a mile behind me. He speed upto*****my tail for the next half mile until I turned in to my condo. At the time he went by a I honk my horn. I parked my car in front on my condo he came flyin in got out ran up to me said do go in your house and grab me. I said take your f**k hands of of me? He hand me lie down and handcuffed me. We argued exchanged f u's then he put me in the back of the car.He the to my keys and phone and the went to my car unlocked it took of the side panel looked under the seat and glove box and under the mats he also took my spare car key its a bmw they cost $185 to replace. Was it legal for him to open my car? When we left he said it was against the law to use my horn to make noise. He didn't find anything in my car as I just left the gym. Is it legal for him to go into my locked car without my permission ?
I was arrested and charged with Child Neglect back in 2003
I was arrested and charged with Child Neglect back in 2003 and then in 2004 I was atested again and charged for other crimes which I either don't remember committing or that others stated that I committed. In both these cases I never received the given rights that stated that I had the right to remain silence and so forth. My question is, should I have been charged with the second set of crimes when the only contact I had with the police was when I was charged with Child Neglect. Before that no one had ever called the police to report that I was abusing my child.
Attorney and Counselor at Law
Doctor of Jurisprudence
Title:Exclusionary Rule in Civil Commitment Proceedings
Title:Exclusionary Rule in Civil Commitment ProceedingsIf a person in a federal criminal case has all evidence suppressed by the court can that evidence be later used to commit the defendant in a civil commitment hearing to a mental hospital. Please provide case law to support your answer.
Hi. On July 21st I was arrested and charged with fleeing anView more criminal law questions
Hi. On July 21st I was arrested and charged with fleeing an officer on a motor vehicle. I was on my ATV. I was being chased by a citizen after they attempted to assault me. While being chased by this individual the police got involved. They did not catch me during the pursuit but later arrested me at my residence. The police used my phone to call friends and family members which I had talked to following the chase. They used my phone without my consent and I was not under arrest at the time. I have the police report and phone records to verify this. Is it legal for them to do that? I am facing charges that I don't feel that I am guilty of and will lose my license and possibly my job if convicted since I need to drive for work. My lawyer doesn't seem to be much help on this. Thank you,Justin French