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Rolling Meadows, IL Traffic Ticket Lawyer

When you see flashing red and blue lights in your rearview mirror and you realize they are flashing for you, it can be a sickening, sinking feeling. Being pulled over by police can be an intimidating experience, even if you have no reason to be worried. It has been proven that most people will do what a police officer tells them for the sole reason that the officer is wearing a uniform, even if they do not believe it is the right thing to do. It is extremely important to remember you do have rights when you are pulled over by a police officer.

Rights When Speaking to Police

Most people have heard about the right to remain silent, but is that always your best option? Sometimes, if a police officer is asking you questions, it is not in your best interest to keep quiet. The right to remain silent is intended to keep you from self-incrimination, but there are other ways to do that. If an officer begins to question you, try answering their question with a question, such as, “Did I do something wrong?,” or, “Am I free to leave?” 

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Posted on in Criminal Law

dueAccording to the United States Constitution, every citizen has the right of due process. In fact, the right of due process is contained in two of the amendments in the Bill of Rights.

Under the Fifth Amendment, it is written that no person shall be "deprived of life, liberty or property without due process of law." This amendment addresses a person’s rights under federal law. In addition to due process, it also gives a person the right to protect themselves against self-incrimination; it protects a person from double jeopardy – being tried more a second time once a person has been found not guilty;

The Fourteenth Amendment uses those same words to describe the Due Process Clause. This amendment addresses a person’s rights under state law. It basically guarantees that everyone has equal protections under the law. Specifically, it forbids states to segregate schools or engage in any other discriminatory practices.

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anonymous tip, Arlington Heights criminal defense attorney, constitutional rights, execute a traffic stop, illegal search and seizure, Justice Anthony Scalia, Justice Clarence Thomas, unlawful search and seizureThe U.S. Supreme Court recently ruled that police can stop a vehicle and do a search based on an anonymous tip called into 911.

The case, which went before the Court, was a California incident that occurred in 2008. A woman called 911 and reported of a pickup truck which had just run her off the road. She told the dispatch the location of the incident and provided a description of the truck, as well as its license plate number. The woman did not provide her name or any other identifying information.

Shortly after the call was received, police spotted the truck and followed it for five minutes. During that time, the driver’s handling of the vehicle was faultless. Police pulled over the truck anyway. As officers approached the vehicle, they smelled marijuana. A search of the vehicle revealed it contained 30 pounds of marijuana and the driver was arrested.

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