Monthly Archives: February 2019

Search Your Car?

Posted on by
Reply

A rather large portion on our society use marijuana on a regular basis. Since a large 2 jointsnumber of states allow legal recreational use of marijuana and medical marijuana is legal in Florida, people tend to thing that having marijuana is “no big deal”. However, we need to remember that recreational use of marijuana is still against the law here in Florida, and if you are driving around with it in your car, you are at risk of legal consequences.

While police generally need a warrant to search you or your property — during a traffic stop, police only need probable cause to legally search your vehicle. Probable cause means police must have some facts or evidence to believe you’re involved in criminal activity.

It seems like the better the quality of the marijuana, the stronger the smell is. Trust me, if you are driving around with a bag of high quality marijuana, and the police stop you for a routine traffic stop, they are likely to smell your marijuana.

Reasonable suspicion is a legal standard of proof in United States law that is less than probable cause, the legal standard for arrests and warrants, but more than an “inchoate and unparticularized suspicion or ‘hunch’”;[1] it must be based on “specific and articulable facts”, “taken together with rational inferences from those facts”,[2] and the suspicion must be associated with the specific individual.[3] If police additionally have reasonable suspicion that a person so detained is armed and dangerous, they may “frisk” the person for weapons, but not for contraband like drugs. Reasonable suspicion is evaluated using the “reasonable person” or “reasonable officer” standard,[4] in which said person in the same circumstances could reasonably suspect a person has been, is, or is about to be engaged in criminal activity; it depends upon the totality of circumstances, and can result from a combination of particular facts, even if each is individually innocuous.

If you find yourself being arrested for possession of illegal drugs, consider calling Alex Truluck. Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.

Read You Your Rights

Posted on by
Reply

If you watch crime shows on TV at all, you know that when the police arrest the bad guys,

police officers arresting male bandit near car

police officers arresting male bandit near car

they usually read them their rights. What does that mean?

That means that what is commonly called the Miranda warning which include the following items:

•You have the right to remain silent.
•Anything you say can and will be used against you in a court of law.
•You have the right to an attorney.
•If you cannot afford an attorney, one will be appointed for you.

Ernesto Arturo Miranda (March 9, 1941 – January 31, 1976) was a laborer whose conviction on kidnapping, rape, and armed robbery charges based on his confession under police interrogation was set aside in the landmark U.S. Supreme Court case Miranda v. Arizona, which ruled that criminal suspects must be informed of their rights.

Even though Miranda warnings have been around for more than 50 years, people are still confused about when they are required to be read and what exactly the warnings cover.

Do they have to give you your Miranda Rights?

One of the many misconceptions perpetrated by television shows is that Miranda warnings are required before a police officer can arrest someone.  This is incorrect.  An officer can arrest you and charge you with a crime without ever reading you your Miranda warnings.  Miranda warnings are only required if a police officer is going to question you about a case and you are in custody.  Both of those requirements must be met, otherwise no warnings are required.

When am I considered in-custody for Miranda purposes?

For purposes of Miranda, someone is considered in-custody when someone’s freedom of movement is restricted.  This does not require an officer to place someone under arrest or even utter the words “You’re under arrest!”  However, being in-custody does not include preliminary investigations performed by police officers (i.e. being detained during a traffic stop).

What does interrogation mean?

As was previously noted, interrogation, or questioning regarding a case, is required to trigger Miranda protections.  Courts have ruled that questioning can include direct questions regarding an incident, or statements designed to illicit a response.  However, some statement or questioning is required from law enforcement before Miranda warnings are required.

What happens if Miranda has been violated?

Whether or not there has been a Miranda violation is determined by the court.  If the court determines that a violation occurred, the remedy in most circumstances is to suppress any statements made after the violation occurred.  Additionally, any evidence obtained solely as a result of the statements would be considered fruit of the poisonous tree and inadmissible.  In some cases, this means that the entire case could be thrown out.  In others, it simply weakens the State’s case.

Remaining silent and refusing to talk to police officers is always your best bet.  However, Miranda warning situations are extremely complex.  It is important to discuss your case with an experienced criminal defense attorney to ensure that your rights are protected

Alexander Truluck focuses his practice as a criminal defense attorney in Clearwater, Palm Harbor, Largo, Dunedin and the Tampa Bay area.

For more information, visit our website at http://www.criminallawyerclearwaterflorida.com
or call (727) 799-3550.