It needs to be a full moon, or Jupiter needs to have simply lined up with Mars, as it has actually just recently snowed in Florida; the Town People are soft-pedaling the street from my law office and the practice of criminal defense has ended up being more surreal by the moment. You see, you don’t have to commit a traffic infraction to be arrested and you do not have to dislike aliens to get beamed up. Earthlings, often your fate can walk right as much as you or hover above you. Or, conversely, you can accidentally walk into a DUI or drug arrest. Such is the case with consensual encounters.
Consensual encounters – and we’re talking criminal defense types for those of you with naughty ideas – is merely two individuals coming together or communicating willingly. One example would reflect a scenario where somebody who had too many drinks at a friend’s wedding decides to sleep it off in the parking area of the shopping center. A police officer sees the individual sleeping; intuitively understands that at 5 pm most folks aren’t resting at the shopping center; is worried for their welfare and knocks on their automobile door. Presuming you do not react, he will undoubtedly open the car door to check on your well-being. Add to that, that you show numerous indications consistent with being impaired – and it is a given that you’ll be busted for DUI. Still another example would involve your sitting in the motorist’s seat of your automobile after having actually knocked back 3 big mugs of beer at supper and waiting on your partner to pick up some milk for the kiddies in the morning. The vehicle is on; the secrets are in the ignition; your air conditioner & radio are cranked up and your signing your favorite song. Now let’s also say that you have actually been there for well over ten minutes and an officer just approaches your window and engages you in discussion. As expected, throughout this little chit chat and encounter, he notifications your eyes are blood shot; you smell like booze and you’re slurring your words. Guess what, you are now are a perfect specimen for a DUI investigation. Perhaps another scenario would involve you minding your own company in the vehicle, or in a public park. Soon afterwards the storm trooper, from a brief range away, looks into your car and sees a bag of cannabis in plain view. Celebration young boy, your busted. Still another circumstance might include reports of someone owning a transportation automobile at light speed around the galaxy in a car matching yours. The police officer does not see you drive and therefore has no independent observation of your drive pattern. He does however utilize his built in radar to find you at your apartment complex and in fact sees you step out of a car matching the same description. He does not obstruct you in; he does not put his emergency situation flashers on and he doesn’t draw his weapon. He simply just approaches you and notifications that you are exhibiting all the indications of 5 days at the Daytona Speedway. Well, like the rest of the scenarios I have actually shown, “here is your ticket to jail bro.” So you do not have to own like an imbecile or dedicate a criminal activity to obtain abducted in a cosmic police caper.
Similarly, when your picked up a regular traffic violation – i.e. speeding – you do not have to offer police permission to search your vehicle. Or, if the officers knock on your door at 3 am for making too much sound, you don’t need to invite them into your home. Need to you however allow the police officers to browse you or your premises, you have actually given up your rights and hence anything discovered could be utilized versus you. Basically, the judge will rule that it was consensual.
Once again, there are time officers clearly abuse their discretion by stopping you without probable cause; or have no independent observation of your drive pattern; or barge into your house without a warrant or search through your cars and truck without approval. In any of these circumstances, you are wise to call an evaluated and criminal defense lawyer at Law Offices of Randy Collins. Such a lawyer may extremely well have the ability to suppress all criminal charges against you.