Reasonable Suspicion Is Not Enough Grounds For An Officer To Pull Drivers Over

Merely suspecting that a driver may be in control of marijuana does not offer sufficient cause for a law enforcement officer to pull a driver over, according to a new judgment by the Massachusetts Supreme Court. Reasonable suspicion is a subordinate standard than probable cause and under the law it is probable cause that is the standard that must be met.

In addition, merely the smell of cannabis, burnt or not, does not present police with the probable cause necessary to rummage around a automobile.

A search executed entirely on reasonable suspicion, under protection granted by the Fourth Amendment, makes this kind of search illegal A police officer who searches your motor vehicle with out having probable cause or the drivers consent is violating that persons constitutional rights.

A search of your car is legal under the following circumstances.

Protectingyour constitutional rights means knowing what to do when a police officer pulls you over. There are in fact a number of things which you can do to be convinced that you are being treated appropriately and that your constitutional rights are being protected.

As was declared before, an officer has incredibly limited rights if all they are basing their decisions on is reasonable suspicion. In certain cases motor vehicle drivers provide police with reasonable suspicion or even probable cause by chatting too much to the officer. An officer does not have the right to ask you a mountain of questions and to pressure you to take the time to answer each and every one of them. In all cases you want to be well-mannered to the officer, but if the officer continues to ask questions that are unrelated to the cause for the traffic stop just say to the officer that you intend to solely answer questions specific to the officers basis for making the stop.

If an officer asks you for consent to rummage around your vehicle you are under no commitment to comply unless the law enforcement officer has a warrant expressly for that purpose. If an officer makes a request to search your motor vehicle you might ask the officer if he or she has a search warrant and if not then let them know that you are definitely not awarding consent for such a search. If the officer asks again, simply remain considerate and ask the officer the magic question, "Officer, are you detaining me or am I free to go?". If the officer has no reasonable suspicion, reasonable cause or a warrant, at that point they will have no basis but to comply with your request.

You also need to know you rights when it comes to a body search. This safety is addressed under the Fourth Amendment and its provision against unreasonable searches and seizures. You are lawfully under your rights to refuse a physical search unless the officer has a warrant.

When you are in your home, even in the event a police officer is ringing your door bell, you have the right to decline that officer access in your house. Even if they're pounding on the door and you may be frightened, only you can make the decision as to whether to open the door to a police officer.

Thesepointersabout your civil rights aren't provided as a way of evading arrest if you have broken the law or have the goal of doing so. It is for law abiding people who simply want to be handled fairly under the law.

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