Got pulled over last night with e-cig

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radicaljd

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tstcvap-er, that's a heck of a question.

Terry v. Ohio grants officers great leeway with regards to what is "probable cause."

I'm a lawyer, so I will try to briefly address this... Terry v. Ohio first established the concept of "reasonable suspicion" a lower standard than "probable cause."

Reasonable suspicion allows an officer to briefly detain a person and investigate whether criminal activity is afoot. It does NOT justify a full-blown search, but if an officer is reasobably suspicious that a person may have weapons, then the officer may do a "pat down" for weapons. That does not include puting his hands in your pocket or doing anything other than patting down the outside of the person only to the extent that it is necessary to determine that the person has no weapons.

Terry v. Ohio did not change or address what standard of proof is required to establish "probable cause." But if the officer's brief investigation results in additional evidence sufficient to establish probable cause, then the officer can arrest the person or conduct a search.

But the key to Terry is that the detention must be "brief," unless the person consents otherwise. What is brief? It depends on the circumstances, but I can tell you that I had a case where I successfully argued that a 15-minute detention that resulted in my client's arrest (time to get a drug-sniffing dog) was excessive, and the evidence was suppressed and case dismissed.

You have no obligation to answer an officer's questions, except to provide your name and driver's license, if you are driving (and other documents, depending on state law, such as insurance card, etc.). You should never lie or be rude to the officer. Simply state, "With all due respect, I do not wish to answer any questions." If the officer wants to search you or your car, state "I do not consent to any search." If the officer wants to argue of debate with you, don't engage him or her. Simply repeat the above statements. Nothing else. I mean, don't even get into a discussion of where you work or where you are driving to. It's none of the officer's business.

Once you clearly establish that you will not answer questions or consent to a search, ask "Am I free to go?" If the officer avoids the question, keep on asking if you are free to go. If the officer continues to detain you without probable cause, he or she knows that even if continued detention were to result in the discovery of contraband or other evidence, it would probably be suppressed. Thus, the officer will ultimately need to say that you are free to go.

The above information is not intended to encourage people to be disrespectful, but consenting to searches or answering questions simply causes more delays for the person being stopped, plus takes away the officer's time from pursuing real criminals.

RadicalJD
 
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