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Know Your Rights

It is important to know that once the Police have stopped you, they are entitled to not only search you, but also your entire car using any reason at their disposal at the time.

  • Under these circumstances the police officer is NOT on your side
  • For their protection from the danger of a possible concealed weapon, the police are permitted to search your vehicle, including the passenger compartment and trunk
  • This is known as the “Chimel Rule” (Chimel v. California, 1969). This allows for what is referred to as a “grabable” area
  • Contrary to popular belief, a warrant is not required for this type of search
  • Anything that is found in any part of the car will be used as evidence by the prosecution in Court to convict you of any violation of any law, vehicle traffic law, or penal law which would include possession of drugs, firearms and/or narcotics
  • Additionally, any drugs or other illicit material found on any occupant in the car can be deemed yours

 

FORMER PROSECUTORS are more qualified in handling the many issues that can arise from a traffic stop than attorneys who have not had the benefit of prosecutorial training.

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