Law Firm Newswire Attorney Press Releases and Legal News http://www.lawfirmnewswire.com The Ability Of Police To Search A Vehicle Is Not Absolute Lakeland, FL (Law Firm Newswire) June 11, 2014 – Deciding what constitutes a reasonable expectation of privacy revolves around two questions. “The ability of the police to search automobiles is not absolute. However, if a court finds that evidence presented in court was taken during an unlawful search, the prosecution is barred from using it,” explains criminal defense attorney, Thomas C. Grajek. A search happens when representatives of the government, such as police officers, invade an area where an individual has a reasonable expectation of privacy. There are two questions involved in the determination of this expectation. Did the individual actually have in their mind such an expectation and would that mentally internalized expectation be reasonable to a non-involved third party? There are some situations in which an individual can refuse to let their vehicle be searched. The police, or other agents, are not required to advise a person they have that right. If the person does agree to a search, the decision must be made without any undue pressure exerted by the police. “An individual may also restrict where an agent can search and you may change your mind once the search has begun,” adds Grajek. If the police have probable cause to search a vehicle, they may do so without the driver giving permission. The probable cause would be related to the belief the vehicle had evidence relating to a crime. An example would be a driver pulled over for a traffic violation. The officer approaching the car may determine the individual looks like a suspect wanted for robbing a convenience store and notices several cartons of cigarettes in the backseat. This kind of a situation may create probable cause. If an arrest is lawful, the arresting officer may search the person and the immediate area around that individual, which may include a vehicle. This is only permissible if the person is arrested. If the person is not arrested and the officer pulled them over to issue a citation, the car may not be searched. “Vehicle searches are complex and it is best to understand the law and how it affects you. Speak to an experienced criminal defense lawyer to find out what your rights are,” says Grajek. Learn more at http://www.flcrimedefense.com/ Thomas C. Grajek 206 Easton Drive, Suite 102 Lakeland, FL 33803 Phone: 863.688.4606 View Larger Map Florida State Quarterback Winston cited for Petit Theft for allegedly stealing crab legs at Publix. Another sports figure in trouble with the law. This time it is FSU quarterback and Heisman trophy winner Jameis Winston who was “cited” for shoplifting at Publix. This incident was allegedly captured on video. The quarterback later allegedly made a statement admitting that he made a mistake and was sorry for his actions. What does it mean to be “cited”? Many people (usually those that are not Florida State fans) are wondering why he wasn’t arrested and booked into the jail. The majority of the time a suspect is accused of shoplifting, they are NOT arrested, but instead are issued […] Tampa radio personality arrested for solicitation for prostitution which carries mandatory $5,000.00 "civil 1/2 Law Firm Newswire Attorney Press Releases and Legal News http://www.lawfirmnewswire.com penalty" unless criminal charge is dismissed This time it was the Tampa Police Department running a prostitution sting in response to neighborhood complaints about prostitution in the area. A local radio personality was arrested in the sting Tuesday night on a charge of unlawful acts as a precursor to prostitution. “Galvin” one of the stars of the Mike Calta Show on 102.5 The Bone was arrested in the sting operation. TPD officers alleged that “Galvin” circled the block at least two times and then attempted to negotiate a prostitution deal with what turned out to be an undercover police officer. During this conversation, “Galvin” allegedly asked the undercover […] Florida speed limits to be raised? Gov. Scott just needs to sign the bill. Could the speed limit on some of Florida’s highways be raised in the near future? That is a very real possibility now as the Florida House narrowly passed the bill to raise the limit by only 2 votes. If the bill is passed it does not mean that speed limits will be raised at all. before the speed limit can be raised on one of Florida’s main highways, state traffic engineers would have to first determine whether the roadway is safe enough for a higher speed. Current law allows for 70 mph on interstates, 65 mph for highways with a divided […] 2/2 Powered by TCPDF (www.tcpdf.org)
"The Ability of the Police to Search a Vehicle is not Absolute"