Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors At Law
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Posts tagged "Motion to Suppress"

Can Police Detain Innocent Passengers During a Traffic Stop?

The Fourth Amendment restricts when a police officer may stop a person. Generally, an officer must have probable cause to believe that the person has committed a crime in order to stop them. When police officers conduct a traffic stop, there is no question that they are allowed detain the driver. But what happens if one of the passengers of the vehicle wants to leave in the middle of the stop? 

Applying Miranda To Child Sex Crime Investigations

Most people are familiar with the Miranda warnings. But police do not need to use these warnings every time they speak with a suspect. The Miranda decision only applies when a suspect undergoes "custodial interrogation". In other words, when a reasonable person would not feel that they were free to leave.

An End to Warrantless Dog Sniffs of Automobiles: When Does a Traffic Stop Become a Seizure?

It is not unusual for law enforcement officers to turn a traffic stop into a full blown search and seizure of the vehicle that has been stopped. How is this accomplished? First, many times the officers, who have made what seems to be a routine traffic stop, know they will find contraband in the vehicle. The traffic stop is used as an excuse to get inside the vehicle, without the police having to reveal the source of their information that the car is carrying. After issuing a traffic citation, a "casual" request to search the vehicle is made. If consent is declined, the officers call back-up to bring a drug sniffing dog. If the dog alerts to the presence of contraband, the vehicle is searched based upon that alert and no one, including the driver ever knows the actual reason for the search. 

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Sheppard, White, Kachergus, & DeMaggio, P.A. Attorneys & Counselors at Law.
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