Exclusionary Rule and how Cops sidestep? (68) Michael A Haber Miami Miami Criminal Lawyer

March 8, 2016 / Michael A. Haber /

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) To deter law enforcement officers from acting beyond their Constitutional mandate and 2) to provide a remedy to Defendants whose rights have been violated by cops who do not play by the rules.

Over time courts have carved out many “exceptions” to the exclusionary rule, usually where the Courts believe that the costs of exclusion outweigh the deterrent or remedial benefits.
Some of the better know exceptions to the Exclusionary Rule are: Consent, Plain View, Good Faith, Inevitable Discovery, Independent Source and Hot Pursuit… and believe me when I tell you that savvy cops know how to “use” these exceptions to effectively sidestep your constitutional rights.

Consent and Plain View are biggies. Some cops will lie through their teeth as they swear on a busload of bishops and a cardinal too boot that you either consented to a warrantless search of your car or your home or that, while they were legitimately on the premises they just happened to observe contraband sitting there in plain view.

Absent independent proof – like a video recording of you refusing consent and them barging in anyhow – it’ll always be your word against theirs, and 999/1,000 times you’ll loose… so don’t be afraid to record your police-citizen encounters… a video might just be the proof you need to keep your dope, guns, body parts… whatever, out of evidence.

At Michael A. Haber, PA “it’s all about reasonable doubt”!

Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:

Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/

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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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