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Warrant Probable Cause Affidavit
Attenuation Doctrine
RIGHT TO PRIVACY-AUTOMOBILES
Know Your Rights
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Warrant Probable Cause Affidavit

Warrant Probable Cause Affidavit: Why its Important. Police make a lawful traffic stop of the defendant, Rabb. They have a tip from an unknown informant that Rabb has a marijuana operation in his home. Once stopped and asked out of his car, cops find marijuana growing books, a video tape on the subject and marijuana cigarettes.  Based on that information the cops go to Rabb’s home and walk a drug-sniffing dog up to the front door. The dog alerts to drugs, after which the cops detect the odor of marijuana inside the house.

Attenuation Doctrine

In Florida Supreme Court case State v. Frierson, police pulled over a driver for a supposed traffic violation (failure to use a blinker). It turned out that no actual violation had occurred and that the officer simply didn’t know the law on that issue (as long as the failure to use the signal doesn’t create a danger to other drivers the statute has not been violated). Non-the less the officer proceeded to run the driver’s name and the system reported an outstanding warrant on him (the warrant too turned out to be bogus as it was issued for the arrest of another individual).

RIGHT TO PRIVACY-AUTOMOBILES

In the 1996 case Whren v. United States, the Supreme Court ruled that it is lawful for a police officer to follow a citizen on the road and pull that citizen over for any traffic violation regardless of how minor the violation is or whether a reasonable officer would’ve made such a stop. (This was a highly problematic ruling because law enforcement officers testified that an officer can ALWAYS find some sort of traffic  violation regardless of how good of a driver someone is= its impossible to observe every single traffic regulation).

Know Your Rights

Good Morning guys, we're back with another edition of Know Your Rights:

It is important for you to know what tools your criminal defense Attorney could be using to get you the best possible outcome in your case. There are two powerful weapons that a diligent defense Attorney will seek to utilize from the very start of your case; (1) A motion to dismiss for Insufficiency of Evidence (saying even with the facts the state has alleged there is enough to create a prima facie case of guilt) (2) A motion to suppress (saying the state violated the 4th amendment in obtaining the evidence it has against you).