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East Hartford criminal defense attorneysWhen the police have reasons to believe that a person may have been involved with a crime, it is not uncommon for an officer to initiate a traffic stop in order for the officer to investigate a little closer. Court interpretations of the Fourth Amendment to the U.S. Constitution have held that traffic stops must be based on probable cause. This generally means that the officer must have seen the driver break a traffic law or observed indications that the driver was drunk, for example. But, what happens when once the driver is stopped? Can officers just decide to search the car to look for drugs, weapons, or other illegal items?

Probable Cause and Consent

Under the Fourth Amendment, courts have long required police officers to establish separate probable cause to justify a search of the vehicle during the traffic stop. In this context, “separate” probable cause means that the officer has reasonable grounds to believe that the vehicle contains illegal items or evidence of criminal activity that is unrelated to the traffic violation for which the driver was stopped. Basic suspicion, including the driver’s reputation in the community or the time and location of the stop, is not usually sufficient to establish probable cause. Information from a tip, however, or the smell of drugs coming from the car could provide the probable cause the officer needs to conduct a search.

With all of this having been said, one of the most common ways for officers to get around the need for probable cause is to ask for the driver’s consent to search the vehicle. In many cases, the officer will ask directly, “Do you mind if I search your car? You don’t have anything to hide, right?” Other times, the officer may be more subtle, saying something to the effect of, “I’m sure it will amount to nothing, but you don’t mind if I have a quick look, do you?” If the driver gives his or her consent, the probable cause requirement no longer applies.

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Posted by on in Criminal Law

Ferguson Missouri criminal lawyer, Connecticut criminal attorneyWell we ought to know its not about "Ferguson!" Ferguson was a mere catalyst for what will hopefully be a better USA for people of all colors and creeds.

As many of my colleagues in the criminal defense bar know, when we're traveling on the highway and see those blue flashing lights, 80% of the time the occupants are people of color. 80% plus of our clients are people of color. The Criminal court dockets consists of 80% plus of people of color.

We've sadly come to accept that! But all clearly realize that the disproportionality of these facts are "real".

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