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Are the Police Allowed to Search My Car For Drugs?

Topics: Criminal Defense

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If you have been arrested for a drug crime charge after a traffic stop, there are a number of strategies you and your defense attorney can employ to fight the charges brought against you (NOTE: you should never attempt to defend yourself in a drug crime charge and should refuse to speak with law enforcement and prosecutors without an attorney present). One of these strategies is questioning whether the police had a right to search your car for any evidence of drugs. Because you have a reasonable expectation of privacy in your car, you are protected by the Fourth Amendment's prohibition on unreasonable searches and seizures. That said, there may be occasions in which the police can search your car for evidence of drugs or other contraband.

If You Provide Consent

If you provide consent to a police officer to search your car, then that officer is constitutionally allowed to do so. What this means is that you should not provide consent to law enforcement to search your car, and especially not without the presence and guidance of your own criminal defense attorney. Officers will of course try to persuade you to give consent, but, again, you can simply decline to do so and say that you would not like to answer questions without your attorney present.

If You Are Arrested

If the police officer had probable cause to arrest you for a crime, such as driving under the influence, then the officer may conduct what is called a search incident to a lawful arrest. This means the officer can search within your “wingspan” (the area you can reach from where you are located) for weapons or evidence of the crime, such as an open container. But this does not give the police the right to search areas outside your wingspan such as your trunk.

If There is Contraband in Plain View

If the police can see contraband (evidence of a crime) without entering the car, then the police can in many cases seize that evidence lawfully. For example, if a police officer shines a flashlight into your backseat and sees cocaine paraphernalia or an illegal weapon, then the officer then has the right to lawfully seize that evidence.  

If the Officer Has Probable Cause to Search Your Car

Probable cause means that, based on the totality of the facts available to the officer at the time he decides to conduct a search, it would be reasonable for him to conclude that a crime has been committed. This is a flexible standard, and many court cases have discussed exactly what this means in a particular circumstance. But it definitely means more than a gut feeling or suspicion on the part of the officer and requires the officer to point to specific facts supporting his conclusion that you had committed a crime before evidence obtained in such a search will be admissible.

If the Officer Has a Search Warrant

Search warrants are generally issued for places such as homes, apartments, offices, or storage spaces, but it is possible for the police to obtain a warrant to search a car. Such a warrant must be signed off by a judge based on a finding of probable cause.

What to Do If the Police Search Your Car and Find Evidence of a Drug Crime

Police officers do sometimes fail to follow the constitutional standards for a search of a car, either out of ignorance or disregard of the law, and there may be little you can do at the time to prevent the officer from doing this. But, remember, you can only be convicted of a crime if the evidence supporting the criminal charge was lawfully obtained. If the police have searched your car and found evidence of a drug crime or any other crime, the first step you should take is to contact an experienced criminal defense attorney in your jurisdiction immediately to begin mounting your defense, which can include calling into question the legality of the search.

Your Multilingual Defense Team in Southern California

The criminal defense attorneys at the Law Offices of Scott Warmuth vigorously defend the rights of men and women across Southern California who have been arrested and/or charged with criminal violations. Our multilingual staff and legal team will do everything we can to defend your freedom and get your life back to normal as quickly as possible. To get more information on how we can assist in your criminal defense, speak to an attorney at the Law Offices of Scott Warmuth today by calling 888-517-9888.  
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Approached by Immigration Agents? Know Your Rights!

Topics: Immigration

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We have all heard reports of immigration raids being carried out by ICE and other immigration agents in recent weeks. While ICE agents do have authority to take certain actions to enforce immigration laws, any person present in the United States has constitutional rights which cannot be violated by immigration agents, regardless of whether that person is a citizen, permanent resident, visa holder, or undocumented immigrant. Knowing what those rights are and asserting those rights to ICE agents can be critical to defending the well-being of you and your family. In all cases threatening your residency or rights, you should speak with an experienced immigration attorney as soon as possible to receive the guidance you need.

Government Agents Cannot Detain You Without Reasonable Suspicion

Under the protections of the Fourth Amendment, you cannot be detained by police or ICE without reasonable suspicion that you have committed a crime. Thus, an ICE agent must have “specific and articulable facts” which leads him to think a person is here illegally before detaining you, and your racial identity or nationality is not sufficient for proving reasonable suspicion. If you are stopped by an ICE agent, ask if you are free to leave. If the answer is “yes,” then you should do so. If the answer is “no,” then you should exercise your right to remain silent and to speak with an attorney.

You Have the Right to Remain Silent

You have the right to remain silent under the Fifth Amendment. If you are asked by police or ICE agents about any matter relating to you or another person, you can simply state, “I am exercising my right to remain silent.”

You Have the Right to an Attorney

Along with the right to remain silent, you have the right to an attorney anytime you are being questioned by government agents. If you tell the government agent, “I am exercising my right to be assisted by counsel,” all questioning must cease. Repeat this statement if questioning continues.

You Do Not Have to Let Agents in Your Home Without a Search Warrant (NOT an ICE Warrant)

Recent news stories have talked about ICE agents coming to people’s homes with an ICE warrant. Such a warrant does not give agents permission to enter your home. Government agents can only enter your home if they have a search warrant signed by a judge. Before opening the door and/or allowing agents in, demand to see a search warrant signed by a judge. If they do indeed have a search warrant, it must be signed by a judge, include your address, as well as the area to be searched and the names of anyone targeted by the search. If the agents do not have a warrant, you should say, “I do not consent to your entry.” They may pressure you, but you are well within your rights to continue to refuse to provide consent. If they come in anyway, do not resist, but continue to assert your right to remain silent, your request for an attorney, and your right to withhold consent from them entering. Again, should ICE agents come to your home, you should contact an experienced immigration attorney as soon as possible to protect your rights.

Your Multilingual Defense Team in Southern California

The immigration and criminal defense attorneys at the Law Offices of Scott Warmuth vigorously defend the rights of men and women across Southern California who face legal challenges related to their immigration status. Our multilingual staff and legal team will do everything we can to defend your freedom and your family’s way of life. To get more information on how we can assist in you all immigration and criminal matters, speak to an attorney at the Law Offices of Scott Warmuth today by calling 888-517-9888.
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如何在加利福尼亚州—滑倒和摔倒事件中确定事故的责任?

Topics: Personal Injury

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如果您在另一个人的财产(无论是商店,停车场,滑冰场,电梯或者其他家庭)发生滑倒摔倒事故,而受到伤害,并且您希望申请人身伤害赔偿,追回您因为受伤而产生的医疗费用,以及受伤导致无法工作带来的损失,和其他相关的经济损失。那么在人体伤害诉讼中硬的诉讼的最关键的一个方面就是确定事故的责任,也就是确定被告的过失。下面我们将简要讨论在加利福尼亚州怎样在滑倒摔倒事故中确定明确责任。 摔伤和坠落的事故主要基于房屋/土地的所有者的疏忽导致。 例如将光滑的物质放置在您不会注意到的路径上,那么该人将会根据普通疏忽索赔对您的伤害负责。但是在大多数滑倒和跌倒的情况下,实际制造伤害的人无处可寻,这一危险状况不是一个人的已有的行动导致的结果(例如:由于屋顶的泄露,气温下降造成的水坑, 或者该人没有足够的资金来支付您的伤害赔偿。)因此,在大多数情况下,原告会去寻求发生事故的场所或者土地所有者。 根据加利福尼亚州法律,所有财产所有者(以及租赁,控制或者占有财产的当事人)有义务使用合理的谨慎措施将财产保持在相当安全的的条件之下。根据法律,这意味着当事方(根据加利福尼亚州陪审团的说明,土地所有者的义务):“必须合理谨慎的发现任何不安全的状况和因素,并且修复,替换或者对于任何可能对他人造成伤害的合理预期给于警告。” 财产拥有者有对财产的照顾和检查的责任, 然而导致了摔倒和滑倒事件的发生,所以,这个标准怎样能够真正的被用来明却,判断财产拥有着应该负的责任呢? 基本上,陪审团会审视所有已经给出的事实集合,并分析业主是否合理的关心1)发现导致滑倒摔倒的不安定条件,以及2)是否对不安全状况作出补救行为,例如,清理溢出物,更换地板上不平坦的瓦片,或在不安全的区域放置清楚地警告标志。例如,一个大型的家庭修理商店,一个孩子把一袋滚珠倒在了走廊通道里。5秒钟之后,您走过去踩到滚珠滑倒,那么陪审团可能会确定商店的员工(仅仅估算到商店本身)没有足够的时间去处理和补救危险的潜在因素,而只是会考虑滚珠的储存问题带来的隐患。如果孩子散落滚珠在走廊上超过一个小时,您走过去发生滑倒事故,那么,陪审团就会认为这是商店员工没有注意到店内的不安全隐患也未做出及时的补救。因此会认为商店应该承担部分的责任。 在滑倒和摔倒事故中达成和解, 这意味着某种程度上表明事故的责任被明确,说明被告承认自己的过失,在没有陪审团做出解答和确定什么是“合理关怀”的情况下,原告和被告都明确已知这一点,并在这些问题上达成和解(这避免了审判过程带来的赔偿金额的不确定性)。 如果您发生了滑倒摔伤的事故想要了解您的更多权利, 请咨询一位有经验的人体伤害律师,了解您的事故的独特性。 请联系华明胜律师事务所,和华明胜律师事务所的专业法律团队合作,您可以拥有一位值得信赖的法律顾问随时随地的在您身边为您指导。在受伤后立即与我们联系,我们可以立刻采取行动,开始调查,收集证据,并且与您的医疗服务机构合作,让您接受最好的医疗服务。我们的多语言工作团队随时随地在这里帮助南加州的事故受害者和家人。为您争取最高的权益。
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Why You Should Hire a Personal Injury Attorney

Topics: Personal Injury

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[embed]https://www.youtube.com/watch?v=jee4L1pyotk[/embed] Personal Injury Attorney, Seth Mitchell of The Law Offices of Scott Warmuth explains why should you hire a personal injury attorney when you have been injured.