Know Your Rights
Okay so an officer observed a van sitting on the shoulder of a state highway early in the morning. Thinking that the van was having mechanical trouble, the officer made a U-turn and turned on his flashing red lights, and came to a stop at the rear of the van. When asking the driver for his driver's license the officer observed an open can of beer near the dashboard, ask driver administered an "Alcohol Senso" test and arrested him for DUI. The van was impounded and 8.7 grams of marijuana were found. The driver moved the court for an order suppressing all evidence on the grounds that an illegal seizure had occurred, in violation of his 4th Amendment rights. What was the result???
All evidence was ordered suppressed, and the charges against him were dropped. The seizure was improper because the flashing red lights were a clear direction to the driver sitting in the van not to drive away. In effect, the driver was detaindedby the flashing lights. The officer admitted that he had no suspicion of criminal activity when he turned on the red lights. Therefore the officer had improperly restrained the driver.
So know your rights espically if they are going to go to court!
All evidence was ordered suppressed, and the charges against him were dropped. The seizure was improper because the flashing red lights were a clear direction to the driver sitting in the van not to drive away. In effect, the driver was detaindedby the flashing lights. The officer admitted that he had no suspicion of criminal activity when he turned on the red lights. Therefore the officer had improperly restrained the driver.
So know your rights espically if they are going to go to court!