I have seen many cases where a person was arrested for DUI even though the police officer did not observe driving. And I've won many of those cases after working hard on motions to dismiss and rescind. The two most common scenarios are (1) a person suspected to have been driving a disabled...Read more »
I was packing to leave my girlfriend's house when in the heat of the moment she tried to stop me. In doing so she scratched me on my neck and ripped my shirt. We have had a prior incident which I went to jail for, so I was recording the goings on. As a safety precaution I called 911 so nothing more... Read more »
Legally parked, in an open public park at a reasonable time of day, eating dinner and playing a video game on his cell, my friend looked up from his game surprised to find a squad car parked perpendicular to his truck with lights activated. Thinking something was wrong my friend got out to see... Read more »
Whether police have an articulable suspicion of criminal activity, sufficient to justify a Fourth Amendment seizure,depends upon all the facts then known to that police officer. Of course, I don't have access to that information. His defense attorney of record on the case should. If friend has...Read more »
Many mistakes were made in this case. By my lawyer and the judge. My lawyer failed to be prepared for the Rasmussen hearing. He never attempted to do any research into the case and facts. The case is entirely based around a vioation of both the 4th amendment and article 1 section 10 mn... Read more »
Reading that description, it sounds like you may want to replace your lawyer. If you do, your new lawyer may be able to ask for another Contested Omnibus Hearing. That would be an unusual request, and would need to have strong reasons to have a chance. But a new lawyer would have better chance...Read more »
You'll need a good lawyer first. Your lawyer will want to collect as much information as possible in order to identify good legal issues for the defense. I have won many cases where police came upon my client near (not in) their car, but evidence was lacking about when my client had last driven...Read more »
I never ended up being charged with anything, and i wasnt at home when they executed the warrantm i was never told what i was suspected of doing. This happened in june of 2017, and they refuse to give me my property back. They claimed that possession of such items was evidence of a crime. They took... Read more »
What they can seize is generally dependent on what the search is for. It is unclear what the basis for the search warrant was so it is difficult to answer the question. Can you provide more information?
I work in the traffic department as a traffic controller as they are no signals i have to stand in the middle of the street and guide ways to the cars. Once i was doing my job a car on purpose came fast as if he was about to hit me, neither he was going straight or left he was coming were i was... Read more »
Did you report him to the police? Seems it violates several code sections. Can you sue him? Technically yes, but as that type of case is frowned on by the Courts I doubt it. If you have ptsd then see about having it documented.
Please, for your own sake, do not post any more information about this case online. It only takes one search for the police to determine who you are and link anything you say online to your case. Valid or not, you will need an attorney to review the facts and defend you.
I got pulled over on the highway by a state patrol he gave me a dar ticket then he left he called dispatch and told them to watch me on the camera and let him know if I leave I left but he never pulled me over again he didn't even see me leave but cause he had somebody watch the camera until I did... Read more »
More than one defense comes to mind based on this description. Evidence of the identity of whoever may have been seen driving a vehicle via a traffic cam, would seem to be lacking. The prosecution could also have witness problems, needing not only the State Patrol Officer but also whoever was the...Read more »
What does the Right To Free Travel mean or Right of Locomotion mean in regards to a "Traveler using the open road to transport himself and his private property from one place to another using the open roads or fairways? Isn't forcing a person to apply for a driver's license taking a "Right" and... Read more »
My main question is if a person has not been charged with any crimes prior but does have hro, should they even be charged under Mn statute 609.749.5(a)? Is a danco constitutional at arraignment? Was never arrest for domestic with party.
I want to at least force them to take it down. I dont deserve to have my reputation as a person hurt like this and people I dont know now know who I am. I dont feel safe and I dont feel like I have any power here. I feel harrassed and I don't believe they should be able to do this. Especially on a... Read more »
Did you have a warrant for your arrest? Were you arrested? Were you charged with a crime? If so, then you may be out of luck. However, if they simply used your image and humiliated you for no good reason, then you may have a case.
The Constitution is enormously vague. Look at Article 1, Section 8!
"To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or...Read more »
I recently got a ticket for driving on a cancelled license but I was parked at a gas station and the police were called there for another person but because that person came and sat in my car they searched my car and towed it I was not on drugs or drinking i simply was minding my own business
You need a driver's license. The internet is a terrible place to turn to learn the law, a local courthouse, calling a lawyer, or calling the DMV is a much better idea if you have a driving related question. The case you cited is not about a fundamental right to drive, it is about whether Chicago...Read more »
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