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When you are pulled over for violation of a traffic law, the police officer may want to also search your car depending on the circumstances. This is normally done if there is probable cause. For example, if your car smells like marijuana, the police officer that pulled you over might suspect that you have other drugs or drug-related paraphernalia hidden in the car. If there isn’t probable cause and a police officer wants to search your car, you have the right to ask why. Whether you are innocent or not, it’s important to know the laws regarding car searches and what’s in your trunk.

The following questions and answers will give you the necessary information you need to know about car searches under the law.

What do I do if an officer insists on searching my car? If a police office has probable cause, he or she can insist on searching your car. When this happens, do not interfere. It is better to challenge the validity of the search in court rather than with a police officer.

What is probable cause? Probable cause regarding car searches is considered a reasonable basis for police officers to strongly believe that the vehicle contains incriminating evidence. Therefore, the officers are legally justified in carrying out a search of the car.

What part of the vehicle can the police search under probable cause? Normally, the police can search the immediate area in and around the driver’s front seat. Some state laws offer greater protection against vehicle searches than others.

Can the police search my glove compartment? Yes. The glove compartment is considered, by law, part of the area in and around the driver’s front seat.

Can the police search a closed container if it is inside my car? Police are permitted to search any closed containers or packages found in your car under a legitimate search of a vehicle without a warrant. The container can only be inspected if there is a reasonable claim that it might contain evidence of a crime for which the police had probable cause to search the vehicle in the first place. The Supreme Court ruled in 1982 that the police do not have to have a warrant in order to search closed containers found in the passenger compartment of a motor vehicle whose occupant is under arrest.

Can the police search my vehicle without a warrant? This all depends on the circumstance regarding the reason why you were pulled over by the police in the first place. The police would not normally have the right to search your vehicle if they stopped you for a simple traffic violation such as running a stop sign, but if the violation requires that you be taken into custody the search would generally be allowed. The police have more leeway when it comes to searching a vehicle than they do when searching a home. The United States Supreme Court recognizes an automobile exception under the Forth Amendment’s protection against searches without a warrant.

When you are suspected of a crime or suspected of being involved in a crime, the police will bring you down to the station for questioning. If this should happen, there are a few things you need to be aware of as far as your rights are concerned.
First and foremost, the police must inform you that you are under arrest. If you have not been arrested, you do not have to report to the police station. Should you decide to head down to the station anyways, be sure to talk with a lawyer before doing so. In going to the police station of your own accord, you are free to leave at any time. The police cannot keep you at any time against your will unless they officially arrest you.

Plenty of people are aware of Miranda rights because of television and movies, but very few people exercise these rights. Miranda rights are usually issued at the time of arrest. Police read the rights and often minimize their importance because that is part of their job. You may give up two invaluable rights when you answer questions after the Miranda rights are issued: the right to remain silent according to the Fifth Amendment and the right to have a lawyer present during questioning according to the Sixth Amendment.

These rights are invaluable because you may unwittingly provide information that could implicate you in the crime during police interrogation. You do not know what the police officers may know. They are as interested in eliminating innocent suspects as much as they are in gathering evidence against the guilty. Either way, it is best to consult a lawyer before answering any and all questions.

If you have committed the crime in question, you basically have no chance of talking your way out if it. In this instance, silence is the best defense. The majority of criminal convictions result from individuals who accidentally provide evidence against themselves. Police often build a criminal case based on what the suspects in question provide during questioning. Any information you reveal during questioning can be used against you during court proceedings.

If you do decide to speak with the police freely, you have the right to stop answering questions if you feel threatened or uncomfortable. Simply tell the officer or officers that you do not want to talk anymore without a lawyer present. The police cannot continue to interrogate you if you indicate in any way shape or form that you do not with to answer any more questions. The police cannot force you to answer questions through physically or psychological means. Any information that is obtained through these means is inadmissible in court. The use of physical force or psychological coercion is considered police misconduct.

If you have been arrested and brought in for questioning, remember that you have the right to remain silent, you have the right to speak with an attorney and you have the right to answer questions only when your attorney is present.

You know the routine. You’re driving down the street when suddenly, red and blue bright lights appear in your rearview mirror. Your hands tighten up on the steering wheel and you being to sweat. You ease off the gas and pull your car into the right lane, hoping that the cop behind you will pass you by. But he doesn’t. Instead, he slows up behind you signaling you to pull off to the side of the road.

The first thing you need to do is pull over into a safe area far off to the side of the road. You don’t want to impede the flow of traffic behind you. Make sure that the area you pull into has plenty of space for both your car and the cop car. Don’t coast for a few miles with the cop tailing you closely from behind. He may begin to wonder whether or not you are not you are stalling on purpose, perhaps to hide something in the glove compartment or under the seat. If you happen to pass by a few safe places to pull over, he may grow suspicious.

Despite what most people think, it’s best not to turn off your engine. Put the car in park, but keep the engine running. Some police officers don’t want to have to deal with a stalled car in addition to the reasons why they pulled you over. The officer may ask you to turn off the engine when he approaches the car. If that is the case, then it is safe to do so. Take the keys out of the ignition and place them gently on the dashboard. Then place your hands on the steering wheel where the officer can see them. Don’t make any sudden movements or reach for something unless the officer asks for your license and registration. Police officers are taught to be cautious and apprehensive when approaching a motorist. The first thing they look for when you roll down the window is the placement of your hands.

Also, stay in the car. If you leave your car at any time, the police officer may think that you’re going to make a run for it. Don’t give him any more reasons to be suspicious. You want to be as polite and as courteous as possible. Be careful what you say and how you phrase your answers. Many people try to explain or reason their actions before they even know why they were pulled over in the first place. By doing this, you may accidentally reveal something that the officer was unaware of. Let the officer speak first. Answer calmly and remain patient while the officer details the reasons why he pulled you over. In most cases, if you weren’t excessively speeding or doing something blatantly illegal, most cops are likely to let you go with a warning. Do not argue with them. If they are going to give you a ticket anyway, you can argue your case in court instead.

DNA stands for deoxyribonucleic acid. It is defined as the fundamental “road map” of an individual’s entire genetic makeup. It is essentially a roadmap of every cell in the human body. DNA can be found in sweat, bone, the root and shaft of a hair follicle, skin tissue, earwax, spit, urine, semen and blood. Any DNA that is collected from the crime scene is used for evidence about who committed the crime, not to determine physical characteristics.

In a criminal hearing, DNA is a useful tool because it can both exonerate and implicate a suspect. No two people have the same DNA, except in the case of identical twins. That is why DNA evidence collected at the crime scene can link a suspect directly to a crime or eliminate a suspect altogether. DNA can also be used to identify victims of homicide.

The most common DNA evidence found at crime scenes is from saliva, blood, hair, skin tissue or seamen, and is essential to the investigation of sexual assaults and other violent crimes. DNA that is properly collected from the victim, crime scene or suspect is then compared with other samples in order to connect the suspect to the crime scene.

It is virtually impossible to deny DNA evidence in court unless it is assumed that it has been planted. Because DNA profiling is widely believed to be almost infallible, cases are often brought with little corroborating evidence. But, unless other evidence points to the defendant, the DNA profile still leaves a one third chance that a suspect is innocent despite the exactness of the match.

DNA evidence was first allowed back in 1990. It has virtually changed the face of the criminal justice system. Relying on DNA evidence and focusing on just the physical evidence can downplay even the basic elements of a trial such as the motive, the police investigation, presumption of innocence, and implications of reasonable doubt. DNA evidence in murder or rape cases often influences the jury and has an effect on verdicts. They are the kinds of cases that are reported on most and often highlighted in the national media.

Important aspects concerning a case, such as motive, should not take a back seat to physical evidence. For example, what if a man finds out his wife is involved with a neighbor and he becomes so enraged that he kills her. Then he plants DNA of the neighbor at the scene. The police find it and now the neighbor is under suspicion. The question that needs to be raised is: how did the DNA get there? Is there room for doubt? Just because physical evidence is found doesn’t mean that the suspect is automatically guilty. DNA evidence can be improperly handled or even planted. That is why it’s extremely important to gather all of the information regarding a criminal case and not just rely on DNA evidence. Though it is vital to criminal cases, DNA should always be weighed against the other evidence in the case.

These days, it seems that any accident warrants a lawsuit. But, because many of us our taught to sue rather than take responsibility for our own actions, fraudulent claims are at an all time high. Insurance fraud happens all the time and it happens in every state. That means that individuals of all races, incomes and age brackets are being taken advantage of because insurance fraud costs everyone close to $80 billion a year.

Insurance fraud has existed ever since the insurance industry was established. Types of insurance fraud are diver and ranges from severe to slight exaggeration to calculatingly staging accidents or damage. Insurance premiums are higher as a direct result of these types of crimes and continue to skyrocket.

According to Alfred Manes, a former Professor of Insurance and Economic Research at Indiana University, the single motive in insurance fraud is financial gain. Insurance companies are predisposed to fraud because of the propensity to sue and because false insurance claims can easily be made to look like ordinary claims.

There are two classifications of insurance fraud. These are hard fraud and soft fraud. Hard fraud generally occurs when someone deliberately plans or invents a loss of some kind, such as a collision, auto theft, fire or personal injury. Soft fraud, which is much more common, is considered to be an opportunistic fraud. This type of fraud means that certain policyholders will exaggerate legitimate claims. For example, if someone is involved in a collision he or she might claim more damage than was really done to his or her car if insured.

Healthcare insurance, auto insurance and property insurance are the most taken advantage of. National and local governments, especially in the last half of the 20th century, have recognized insurance fraud as a serious crime. Law enforcement officials have made significant efforts to punish and prevent this type of practice. Insurance Fraud is specifically classified as a crime in 48 out of 50 states. There are 19 states that require mandatory insurer fraud plans and 41 states have fraud bureaus. Section 1347 of Title 18 of the United States Code states that anyone attempting to or carries out a fraudulent claim in an attempt to take advantage of a healthcare benefit program will be fined under or imprisoned for 10 years. In some cases, both may occur. If the fraudulent claim results in bodily injury, the individual may be imprisoned for up to 20 years. If the fraudulent claim results in death, the individual may be imprisoned for life.

For example, when Timothy Nicholls set his Colorado Springs home on fire to steal insurance money so he could escape a mounting debt, three children were perished. He owned a motorcycle gang some money and his business was struggling.. He is now serving life in prison.

Insurance Fraud is a serious criminal offense and should not be taken lightly. As with any other crime, you will be prosecuted and held responsible for your actions in a court of law.

If you are under investigation or arrested for a particular crime, you may be wondering whether or not you need a lawyer. If you are even considering the thought, then you need to at least speak with an attorney. One of the main reasons people consult with attorneys is to find out whether they even need to hire one in the first place.

Even if you are innocent of criminal charges, that doesn’t necessarily mean you will be found innocent. Unfortunately, many individuals are sentenced to years in prison for crimes that they didn’t commit because the police, prosecutors and jurors are either too quick to convict or too eager to get the case through the system in a timely manner. There is only one way to ensure that your rights under the law are fully protected and that is to hire an experienced lawyer. He or she will make sure that evidence in your favor is fully and fairly presented in court, and advise you on the proper protocol.

Police and prosecutors don’t necessarily give people the benefit of the doubt before filing charges. Don’t assume that you will be judged fairly or that the police will investigate all of the facts of their own accord. Any evidence proving your innocence in the case at hand should be investigated thoroughly and substantiated by your lawyer as soon as possible. He or she can then bring the evidence to the attention of the police and prosecution, and possibly convince them not to file the charges or drop the charges if they have already filed them.

Investigators of a crime don’t always come and speak to you first before filing charges. If they think that you will talk with them openly or that your statement will help solve their case, they might try to question you. But you should only speak to them after you have consulted with a lawyer.

As soon as criminal charges are filed against you, meet with legal counsel. Your lawyer will evaluate all of the evidence to determine whether or not the prosecution will be able to prove its case against you in court. Prosecutors can sometimes be mistaken about the strength of their evidence until they speak to the defense attorney. Once they know both sides of the story, they may lessen the charges against you or even drop the case altogether.

If the evidence against you is strong, a dismissal of charges in highly unlikely. Your lawyer can then best assess whether or not to take the case to trial or bargain a plea deal with the prosecution. This is where an experienced lawyer comes in handy. He or she can tell you whether or not you should go to trial. They can evaluate your chances of success and guide you through the legal process.

Don’t assume that you are innocent until proven guilty because, in some cases, you are often guilty until proven innocent. And only a lawyer can help persuade a jury otherwise.

In the past, custody battles used to be all about the parents. Divorce court attorneys often stood before a judge defending their client’s reputation, lifestyle and parenting skills in hopes of winning the custody battle. It was an all or nothing game.
Today, all or nothing just doesn’t exist. It’s not about the parents anymore. It’s about the children. Joint custody is now the most acceptable choice in divorce cases involving children. This is due, in part, to the fact that numerous studies have shown that it is in the best interests for children to have both parents involved in their lives, not just financially but emotionally as well. The bottom line is that the court’s main focus is your children.

While winning full custody of your children may be out of the realm of possibility, doing everything you can to gain joint custody is equally important. Though you may not be able to “win” the custody battle, you can definitely influence the court by your own actions. They will also take into account whether or not you are willing to support the child’s relationship with the other parent and keep them informed.

Divorce attorneys may be well equipped at arguing a custody case before the court, but they may lack the background needed to present the proper dynamics and underlying issues of the case itself. This is where you come in. Make sure your attorney is made aware of the ins and outs involving the custody case. Take action. Be as involved as you can possibly be in the court proceedings. Make sure that you go to all of your required court dates. Be aware of your rights as a parent.

Show some responsibility before being asked to do so. You can do this by paying child support even if it is not ordered into court yet. Give something every month, whether by check or money order so you have a record of the payments.

Expect to go through a court-ordered evaluation of your mental, physical, psychological and emotional well-being. The court may also interview your children, review medical and school records and perform a rigorous criminal background check.

Most importantly, avoid arguing with the other parent. It’s not healthy for your children or for you and, in the end, it only makes things worse. Communications before and during court proceedings should never be foul-mouthed, abrasive, accusatory, insulting or made up of false accusations. Be factual and civil. Keep track of every note, letter, e-mail, and phone conversation involving you and the other parent. The tone or attitude that you present in court can either make or break your case. Acting responsibly and maturely will weigh heavily in your favor.

Divorce courts are more aware than ever about what is best for the children. Though custody battles can be difficult, there’s no reason why they have to be messy and painful as well. Do your part. Be the adult. And hopefully, the other parent will follow in your footsteps.

If you’re up against a custody case, or custody battle as it often becomes, it is essential to compile all of the evidence you can that will demonstrate that you are the more responsible parent. Speak with your attorney about the evidence and make sure that it will become part of the court’s documentation. The more evidence you have that shows irresponsibility on the other parent’s part and his or her lack of parenting abilities, the better chance you have of being awarded custody.

You can gather evidence by taking photographs of child neglect or physical abuse by the other parent. Photographic evidence can be very persuasive and back up your claims or accusations. Also, keep a log or journal. Date each page and make a detailed record of events regarding your child. Jot down any incidents of neglect that the child encounters at the hands of your ex. Don’t forget to record all the wonderful and positive stuff the two of you do together to show a different perspective. If the child offers information regarding how the other parent treats him or her, include that as well. Keep in mind that any information about food, bath time, clothes, school, etc. will reflect how the child is being cared for. Be sure to record times and dates of any visitation. Talk with your closest relatives or friends. Some of them may have a good perspective of the situation, and they may be willing to go to bat for you in the courtroom.

Written evidence should be kept in a safe place. School reports, doctor’s notes, or a counselor’s suggestions need to be placed there. Don’t destroy or shred them, especially if they pertain to your child’s health and well-being. Items like children’s clothes that show signs of abuse (such as blood stains, rips or tears) should also be preserved. Remember, the safety and well-being of the child is the most important thing. You don not want to overlook signs of abuse or neglect. Evidence that shows how irresponsible the other parent is at paying bills, holding down employment or a former juvenile delinquent is better left unsaid. Those things do not directly show abuse or neglect. Gather hard evidence that will support your claims and stand out in court. Evidence such as drug or alcohol abuse is always important, especially if it impacts the child in some shape or form. Domestic violence is also important evidence, as it shows the court that the child may be in serious danger.

Don’t lie or fabricate stories. Planting evidence if the other parent is a responsible individual will come back to haunt you. Not only will it reflect badly on you and your judgment, it is also considered a criminal offense. Be honest and upfront. Custody cases are solemn matters. You have the potential of not seeing your child if you do not take the matter seriously. Do everything you can to show how much you love and care for your children, and that you have their best interests at heart.

Marijuana is the most commonly abused illegal drug in the United States of America. In 2004, 14.6 million Americans used marijuana at least once. Many people argue that the drug should be made legal because it is so common. Some people even use marijuana as a form of medical treatment. But, as of today, marijuana is still identified as an illegal drug. Though the federal government opposes the use of marijuana for medical purposes, medical marijuana laws vary from state to state. Since 1996, twelve states have legalized the use of medical marijuana. These states are Arkansas, California, Colorado, Hawaii, Maine, Montana, Nevada, New Mexico, Oregon, Rhode Island, Vermont and Washington.

According to certain studies and surveys conducted across the country, marijuana is used in treatment for over 250 medical conditions. Some of these conditions include cancer, AIDS and hepatitis. Marijuana helps ease the nausea and anorexia associated with these diseases. Recent studies have shown the drug to be effective in treating mood disorders and mental health issues such as depressions, post traumatic stress disorder, obsessive-compulsive disorder and panic attacks as well.

However, the Food and Drug Administrations has not approved the use of marijuana for medical treatment. The FDA disapproves of medical marijuana because they believe that marijuana is easy to abuse, “has no currently accepted medical use in treatment in the United States, and has a lack of accepted safety for use under medical supervision.” They also believe that there is sound evidence to support the fact that smoking marijuana is damaging because it contains more than 400 different chemicals, including most of the hazardous chemicals found in tobacco smoke, and can negatively affect the brain, reproductive organs, hormones, lungs and the immune system.

Dozens of medical organizations have stepped forward and endorsed allowing patients to use marijuana for medical purposes providing their physicians’ approval. Some of these organizations include Leukemia & Lymphoma Society, American Academy of Family Physicians, American Public Health Association, American Psychiatric Association, American Nurses Association, British Medical Association, AIDS action, American Academy of HIV Medicine, Lymphoma Foundation of American and Health Canada.
Despite certain health benefits, marijuana remains illegal in the United States. Possession and distribution will be prosecuted accordingly. It has been estimated that an average marijuana clinic, a place where you can obtain marijuana for medical reasons and use it on the premises, consumes about a pound of cannabis per day.

In 2005, the United States Supreme Court approved the Federal Government’s position that federal law allows people who have marijuana to be prosecuted regardless of the defense that it is for medicinal purposes, even in states that exempt its prohibition for medical purposes. Therefore, if you are caught using marijuana it can be considered a crime regardless of whether or not you are using it for medical reasons. According to the U.S. Penal Code, an individual can be imprisoned for up to one year if he or she is caught with marijuana and imprisoned for up to five years for growing a single marijuana plant.

The minimum age to purchase alcohol was first established because authorities wanted to limit access among teenagers.

Regardless of this, underage drinking is still a problem in the United States. Alcohol is the number one drug teenagers use on a regular basis. As a result, there are many adolescents who are putting their lives and health at risk. According to the United States Department of Health and Human Services, underage drinkers consume nearly 3.6 billion drinks a year, which adds up to 10 million every day. The price tag of underage drinking adds up to more than $58 billion per year.

The legal drinking age has been 21 for a long period of time now. Since July 1988, all 50 states and the District of Columbia have had laws that require individual to be at least 21 years or older if they plan on buying alcohol. Zero tolerance is effective and certain studies indicate that minimum drinking age requirement reduces crashes among drivers who are younger than 21. All states currently have zero-tolerance laws as well as laws that make it illegal for anyone under the age of 21 to drink and drive.
School prevention programs used to be informational, but they often used certain scare tactics to keep kids from drinking.

These programs were not that effective, however, and there are programs out there today which address the pressure to fit in that is often involved with drinking. We need to teach adolescents how to avoid these kinds of peer-pressure situations rather than scare them. These programs also offer resources for teachers and mentors so that they can positively influence kids on the effect of alcohol.

Parents also have the ability to influence their children regarding alcohol by setting rules against drinking and consistently enforcing those rules. As a parent you want to help prevent you child from drinking, you don’t want to provider them with alcohol. Young people who begin drinking at a young age are more likely to become dependent on alcohol as they get older. Educate your children on the affects of alcohol and the responsibilities of drinking.

Alcohol is readily available and highly advertised. It is everywhere, so much so that many people believe that it is just a normal part of growing up. The fact is that underage drinking is dangerous and causes a multitude of consequence including alcohol-involved motor vehicle crashes, homicides, suicides, fights and other such incidents. Alcohol can also be damaging to your health as it increases the risk of transmitted sexual diseases. People are more sexually driven when under the influence of alcohol, which opens the door for physical or sexual assaults.

Underage drinking is still a big problem in this country and results in serious health and safety consequences. And despite the many prevention programs available and zero-tolerance laws in every state, the rate of underage drinking continues to rise. Know the law. If you are under the age of 21, you are not able to purchase or be in possession of alcohol.