Illegal Search & Seizure
Most people dont understand and believe that police can use a dog without any type of suspicion that the car contains drugs
A driver typically has an expectation of privacy in a car and a right against illegal search and seizure, does a passenger within that car have the same right.
One of the most common issues that we see in in Pennsylvania and New Jersey are traffic stops where a handgun or drugs found within the vehicle by police.
If you believe that you’re the victim of racial profiling, your attorney must raise the issue and Commonwealth must articulate a race neutral reason for stop
The justifications for a frisk of a suspect (pat down), or a protective car sweep (frisk), isnt the destruction of evidence but the protection of officer
Consent, in most situations, will eliminate all of your constitutional rights. Even if you gave consent, you should never assume that you dont have a case
New Jersey, like Pennsylvania, evaluates the basis for probable cause for a search based on all relevant circumstances.
When a police officer stops a car, the duration and scope are limited by the purpose of the stop though the officer may investigate further