Posts Tagged ‘Seizure’
195) Can a Cop Search my Car if I say NO? ~ Michael A Haber Miami Criminal Defense DUI Lawyer
Thank you for asking me “Can a Cop Search my Car even if I say NO?” Can they? Yes. On the roadside a cop “can” do pretty much whatever s/he wants. Whether or not the search is lawful is another…
Read MoreDoes the 4 Amendment Apply to me on the Water? (92) Michael A Haber Miami Criminal Lawyer
Does the 4 Amendment Apply to me on the Water? The Fourth Amendment to the U.S. Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures. It was written almost 250 years ago in…
Read MoreWhat is a Terry Stop / Stop and Frisk? (69) Michael A Haber Esq Miami Criminal Lawyer
Thank you for asking me “What is a Terry Stop?” Terry Stops are also known as “Stop and Frisks”… and in FL they are codified in FS 901.151, FL’s Stop & Frisk Law. In a nutshell this procedure give cops…
Read MoreExclusionary Rule and how Cops sidestep? (68) Michael A Haber Miami Miami Criminal Lawyer
Thank you for asking “What is the Exclusionary Rule and how can the Cops sidestep it?” The Exclusionary Rule is a court-created remedy and deterrent; it is not a constitutional right. The purpose of the Exclusionary Rule is 2fold: 1)…
Read More64) How long can a Cop keep me on the Roadside? ~ Michael A Haber Miami Criminal Lawyer
Thank you for asking me “How long can a Cop keep me on the roadside?” When you are pulled over by the police for a traffic stop you have been “seized” and you are afforded protection by the 4 Amendment…
Read More39) Return of Impounded Seized Property? ~ Michael A Haber Miami Criminal Attorney
So you were arrested and your personal property (a car, a watch, cash, a gun, a phone, a laptop, etc) was impounded by the cops and now you want to know how to get it back. Well, the answer is…
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