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

Merely suspecting that a driver may be in possession of marijuana does not give enough basis for a law enforcement officer to pull a motorist over, according to a new judgment by the Massachusetts Supreme Court. The court made a decision that police are unable to pull a driver over if all they have is "reasonable suspicion.

In addition, just the aroma of marijuana, burnt or not, does not present police with the probable cause required to search a vehicle.

Under that statute, a search carried out lacking probable cause or the consent of the motorist is a breach of that persons constitutional rights.

A search of your motor vehicle is lawful under the following circumstances.

In order to be able to defend your rights you have got to know what to do before an officer pulls you over. There are in fact quite a lot of things that you can do to be sure that you are being dealt with appropriately and that your constitutional rights are being protected.

The first thing to keep in mind is that an officer who does not have reasonable suspicion, has incredibly restricted actions that they may request of a driver. Every so often individuals grant law enforcement with reasonable suspicion or even probable cause by talking too much to the officer. An officer does not have the right to ask you a ton of questions and to pressure you to take the time to answer every single one of them. Each driver has a constitutional right to silence and on occasion silence is the best answer you can give.

It is also key to keep in mind that you are under no commitment to comply with an officers request to search your car unless that police officer has a search warrant. If you do not choose for them to rummage around your motor vehicle merely tell the officer that you are aware of your constitutional rights and that you are certainly not giving permission for a search of your vehicle. If the officer carries on in making the request simply remain relaxed and ask, "Officer, are you detaining me or am I free to go?". Barring possessing either reasonable suspicion or a warrant, the officer will at that point have no cause to turn down your request.

You also need to know you civil rights when it comes to a body search. This safety is covered 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 if a police officer is ringing your doorbell, you have the right to turn down that officer admission in your house. Even when they're knocking 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 given as a means of escaping arrest when you have broken the law or have the goal of doing so. This information is being shared so that you are treated fairly under the law and in the way you deserve to be as a law abiding citizen.

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