“Trump makes partying great again!” is a slogan that is reportedly appearing on the”dark net” in regard to the illicit sale of orange colored Ecstacy / MDMA pills that are shaped like President Donald Trump’s head and which are allegedly a Dutch-made product.
On Sunday, August 20, 2017, pursuant to what has been called a “random traffic stop”, German police seized 5,000 of the orange-colored ecstasy pills shaped like the face of President Trump, and they did so from a father and son duo who were busted smuggling the $46,000.00 stash in a car that they were driving on the A30 Motorway (which links Amsterdam with the German capital of Berlin and the Polish capital of Warsaw and is reportedly often used by drug smugglers and other criminals) in the north-western city of Osnabrück. The mechanics of the seizure are not readily apparent but German police reportedly found the stash of 5,000 ecstasy pills hidden in the car in plastic bags, together with a large amount of cash.
Memo to the Folks: I know less than nothing about German law but I doubt very seriously that they have the functional equivalent of our (the U.S.) 4th Amendment (protecting folks from unreasonable warrantless searches and seizures). Here, in the U.S., all things equal, a stop for a traffic infraction (like speeding or an equipment violation) can last only as long as is reasonably necessary for the officer to accomplish the purpose of the stop, meaning that they can run your tag, your DL and the vehicle registration, and they can check for compliance with the requirement that you carry proof of insurance, and then they can write you a ticket, but once all of that is done the lawful detention ends, and if the cops don’t let you promptly go about your business then you may have been unlawfully detained. But, if, during the course of the detention the officer develops a reasonable suspicion that a crime has been, is being or is about to be committed (like if you were having a clam bake and s/he smells the odor of marijuana emanating from your car) then, you can be further detained, and in the event that the officer has a reasonable and articulable suspicion that drugs are involved then you can be detained until a K-9 arrives (or, as in McNair’s case, the cop can take his chances by ordering you out and conducting his own warrantless search). You can watch HaberPA’s VideoFAQ / YouTube Webisode on “How long can a Cop keep me on the roadside?” by clicking on the video link below or by clicking here…
Memo to the Folks continued: The general 4th Amendment rule is that law enforcement needs a warrant to conduct a search, but there are many exceptions to the “warrant requirement”. The best practice (for the cops) is almost always to get a warrant, and, when they don’t, then they run a risk that the fruits of their search will be both declared “poisonous” and suppressed from introduction into evidence (this is called the “exclusionary rule”). If a vehicle search is conducted and containers are found inside of the vehicle (like, for example, a backpack), again, absent an exception to the warrant requirement, the cops cannot open the container without first obtaining a warrant. So, if I were McNair’s lawyer, then this would be my first area of attack in this case. You can watch HaberPA’s VideoFAQ / YouTube Webisode on “What is the Exclusionary Rule and how can the Cops sidestep it?” by clicking on the video link below or by clicking here…
Memo to the Folks continued: I hope that you will watch some of #HaberPA’s other VideoFAQ / Webisodes, that you will enjoy them and that they will be helpful to you. At present we have 222 Criminal Defense, DUI and BUI VideoFAQ / Webisodes (that we try to keep at about the 2 minute mark) and we are constantly scripting more. You can subscribe to #HaberPA’s VideoFAQ by clicking here… At Michael A. Haber, P.A. the goals in representing folks are A) to be honest and realistic about litigation objectives; B) to be fair in regard to fees; C) to be consistently available and responsive to the client (in person, by phone call, text, email, Facebook. Twitter and otherwise); D) to keep the client informed; and E) to secure your positive feedback / client review at the conclusion of each case.
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