Former New York Giants linebacker Lawrence Taylor said - and I think it is legitimate?

As you may have read or seen on television, the former New York Giants linebacker Lawrence Taylor in Miami last year, when a car crashed her car in a parking lot was arrested, then exits the area immediately an accident.

This raises an important question, "LT", I stopped legally?

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Most Americans live in the mind of every day, why the U.S. Constitution - unless the public confrontation between the police and the seat of the requestSeizures.

Former New York Giants linebacker Lawrence Taylor said - and I think it is legitimate?

Remember - the police must follow the procedures of search and seizure! Contrary to what you saw on television and in cinemas, the police can not search people at random and their individual approach, if a condition is met:

Fisher Problem 1: fear of arrest and

Arrest: The arrest occurs when police custody of the prosecution or interrogation. We must stop the "probable cause". Dunaway v. NewYork,

442 U.S. 200 (1979). In particular, "the probable cause to arrest" which comes on when the officer, his knowledge of facts sufficient reliable evidence that a reasonably prudent person that the suspect has committed or is committing a crime would be. E "to affect the arrest of the police can be exported," the search incident to arrest. "The so-called, in particular, this means that if the arrest the police that during the same period of arrest, search"scope" of the defendants, including a bag or possession of the package. A. Illinois c. Lafayette, USA, 462 640 (1983).

However, if the person is in an apartment, the police generally do not check the suspects should also be pointed out, if it considers that the detention is unlawful, illegal search, and much later the opportunity that this arrest can not be approved in court, and furtherthat person.

You should also remember that there are special rules to stop the car. Order In fact, if the suspect is a legal vehicle, the police of the person and the vehicle cabin (without effort). This includes the packages or bags in the cab of the vehicle.

Fisherman The second question: "less" of an arrest - the police and Frisk

Stop and Frisk: The police are alsoless intrusive, so-called "stop-and-Frisk" look. As mentioned above, the point of "probable cause" debate should be based on - Stop and Frisk was only a "reasonable suspicion ....." In this regard, the court of the United States, for the most part, do not define "reasonable suspicion." Although it is clear in advance the rule that "something more" than a vague suspicion - - but it is very likely, because it is not necessary. Terry v. Ohio, 392 U.S. 1 (1968): that the standard is met depends on the Richter scaleLook at all the circumstances. For example, to a reasonable suspicion to justify a stop in front of him, if the note 1) the suspect is an area of ​​crime in a high speed corner, air and 2) the presence of the police. Neither factor alone is enough to stop, but they can and do not stop for a "reasonable suspicion" is a cop e.

If the policy is therefore expected that the person is armed, and after separation allows thea "frisk of the defendant at the top of the purchaser of those weapons. Later, when a weapon or other illegal items found during palpation may be acceptable, depending on how you felt suspected of smuggling. In other words, the legal question is "How much of the weapon or contraband responsible for the sensation of the clothing of suspects." One can see in the real world, and is a good example - a policeman noticed Marlowe A young man in a corner of stimulating drugs nearby.During Frisk, you feel the agent in a mantle of small square box Marlowe, it opened and found to contain heroin, cocaine or crack. In this case, there is a strong argument in favor of the U.S. Constitution, which can detect the Police do not know if the article attributed to the printing of the suspects was dressed in the chest.

Fisher Problem 3: Final Thoughts and the "Fisher-isms"

Fisher-isms: What are the thoughts of people to inform them of their rightsConstitution. This is not a substitute for professional legal advice ......

In this regard, a skilled lawyer may be the key to avoiding trouble with the police!

They are aggressive and professional lawyer central Essex County, in particular, Montclair, Verona, Cedar Grove, Bloomfield, West Orange, Caldwell, Fairfield, or -

Former New York Giants linebacker Lawrence Taylor said - and I think it is legitimate?

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