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Robert F. Sfasciotti
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NewsletterSearch & Siezure •Tuesday, July 21, 2009The United States Supreme Court ruled that a search of a driver's vehicle, who was arrested, handcuffed, and placed in a locked squad car was unreasonable. The court reaffirmed a previous ruling it made that search of a vehicle following arrest can be justified only by either officer safety or in the interest of preserving evidence of the offense involved in the arrest. Thus police may search the passenger compartment of a vehicle at the time of an occupant's arrest only if it is reasonable to believe that the arrestee might be able to access the vehicle to gain possession of a weapon, or that the vehicle contains evidence relevant to the offense for which the occupant was arrested. So if you are taken into custody for driving without a valid license police can't search your car after you are placed in a squad car and you do not have to consent to a search. Intro • Thursday, March 19, 2009Welcome to the Law for People newsletter! Ever other month I would like to keep you updated with the ever-changing field of law and what it means for you and your life. Stay tuned for my first newsletter, coming soon! |
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