Monday, June 21, 2010
TrafficTickets-Myths.avi
http://www.youtube.com/watch?v=h4slH0zzf-0&hl=en
Thursday, June 17, 2010
Jamaican Shower Posse, Crips, 5PGz Raided in Toronto (Follow-Up)
http://www.youtube.com/watch?v=LYYSGB6d2jk&hl=en
Wednesday, June 2, 2010
Car Theft Defense Lawyer in Phoenix, Arizona
http://www.youtube.com/watch?v=OxEEa97e36g&hl=en
Friday, April 2, 2010
Could Someone Find the Fourth Amendment it Ran Away With a Tennessee DUI and Drug Search
Without getting into lengthy case law discussions, it is safe to say that the Fourth Amendment to the Constitution of the United States is lost, either it ran away on it's own, or somebody took it, I don't think it ran away. Ok so where did it go, and really what was it anyway? Most people say to me, "they invaded my right to privacy" ok well if we want to be technical about this, some would say a literal interpretation of the Constitution, then there really is no right to privacy, you will not find that in Constititution. It is a right derived from the Fourth Amendment, but not really mentioned.
Ok so the right to privacy is old, right? No, it was born out of a case decided only a few decades ago. We started with a right to privacy, and since that time have continued to erode it. I have said before, it is generally understood that you have a lesser expectation of privacy in your car, so Tennessee DUI, Tennessee Drug searches of your car have less Constitutional protections for you, Why is that? The Supreme Court of the United States has said it is a balancing test between freedom from unreasonable searches, (IE privacy) and public safety. From this the gate swung open the erosion of the Fourth Amendment.
So your driving down I-24 in Tennessee heading to Chattanooga, you are pulled over by a White GMC Blazer type vehicle, and an officer approaches your car, he tells you that you have violated a traffic law in some way, maybe a Tennessee DUI violation or maybe tail light out, but then he asks you, Can I search your car? What does a traffic stop have to do with him searching your car? If your not intoxicated and their is no DUI charge, or you do have a tail light out and agree to ticket, and get it fixed, why should that be a reason to ask to search your car?
The Supreme Court of the United States has said that pre-textual stops are ok, ie if you break a traffic law it is ok for the police to stop you, even though their real intent is to ask you about drugs. Should the police officer inform you that you have the right to say no to the search? If we protect the 5th Amendment with the Miranda warnings, why don't we protect the 4th Amendment with a warning that you have the right to say no?
Few people know that you have a right to say no to the search, but what if you say no? In short it works like this, the clock starts ticking, meaning if you say no, and the police are running your drivers license and writing you out your ticket, they can call for a drug sniffing dog, and if you are stopped by a large White Blazer type vehicle, chances are they have the drug dog in the back of their car, surprise.
Lets say there is no dog with the police when they pull you over, but they call for a drug dog from another officer who must drive to the scene, then the clock is ticking on what a reasonable time is that they can hold you for the traffic ticket they are writing you. If the courts decide it is unreasonable, then any evidence they find is supressed, however if the amount of time they hold you for a speeding ticket is 25 minutes and drug dog arrives, and makes a positivie hit on your car, probably the Tennessee Courts will not supress any evidence that the police find.
So the real question is this, Why should the police be allowed to ask to search your car when they only stop you for a traffic violation or a Tennessee DUI that is unfounded, and have no probable cause to believe that you are doing anything wrong?
If we carried probable cause to the next phase of a traffic stop to protect the Fourth Amendment, what would be wrong with that? To protect the Fourth Amendment like we do the Fifth with Miranda Warnings, all we would have to do is this, if it takes probable cause to believe you broke a traffic violation to pull you over, then why not require that there be probable cause to ask to search your car? It would simply be a two pronge test to protect the Fourth Amendment in regards to traffic stops. Add in a simple reading that you have the right to say no to a search, and the erosion of the Fourth Amendment might slow down.
Posted by Daniel L. McMurtry
Nashville DUI Lawyer, Tennessee Criminal Lawyer Daniel L. McMurtry, located in Nashville, Tennessee representing clients in Tennessee on Criminal Matters. Nashville Criminal Lawyer with jury trial experience in Tennessee and Mississippi. Mr. McMurtry can be found at, Nashvilledui.info
Friday, March 19, 2010
About Gun Regulations
Rhode Island Gun Laws
The Second Amendment of the United States Constitution grants citizens the right to bear arms. Though the relevance of such a liberty has been hotly contested, owning and carrying firearms is legal in all 50 states. However, each state has its own laws and procedures for purchasing and using a weapon. This is to ensure that individuals who choose to use guns for recreation or protection are knowledgeable about their decisions.
Owning a Firearm
Here are the applicable Rhode Island gun laws. To lawfully own a handgun (pistol or revolver) in the state of Rhode Island an individual must be at least 18 years of age. It is not required to have a permit or a license to purchase or own a firearm. To carry a concealed weapon however, there is an application process that ultimately must be signed by the state Attorney General.
For shotguns or rifles individuals are NOT required to
· Have a license to carry
· Have a permit to purchase
· Register their shotgun or rifle
Applying for Concealed Carry
The chief of your local police department must sign your application to verify your residency before submitting it to the Attorney General. To obtain the signature you may be required to complete a National Rifle Association Safety Course administered by a certified NRA instructor within the state of Rhode Island. After taking the course you may also be required by the BCIS to get your fingerprints on the F.B.I card system.
The fingerprinting process will take four to six weeks. After completing the prerequisites and finally submitting your application to the state Attorney General, you must allow up to ninety days for a response. The entire process could take four to six months before receiving a response. The Attorney General may deny your application based on a variety of reasons including your answers to the complicated questionnaire.
Concealed Carry on Campus
At most universities across the country it is illegal to carry a concealed weapon onto the campus. After an upheaval of violence at schools like Virginia Tech in which a student opened fire on classrooms, killing several students before taking his own life, gun owners have started a movement across the country to change laws. Rhode Island advocates of concealed carry on campus propose that individuals who are licensed to carry a concealed weapon be allowed to do so on college campuses.
For more information on Rhode Island gun laws or criminal weapons charges, contact Rhode Island criminal defense lawyer James C. Powderly at www.rhodeislandscriminaldefenselawyer.com
Joseph Devine
Monday, February 15, 2010
Wednesday, February 3, 2010
The Criminal Defense Lawyer Association
Each state has its own criminal defense lawyer association. This organization sees to it that anyone who is accused of a crime is given fair representation in a court of law. They also do their share in protecting and strengthening the constitution, improving the administration of justice and promoting public awareness of the function and duties of criminal defense lawyers.
One way they are doing that is by offering legal services to those who cannot afford to hire a top notch lawyer. Some call them public defenders that will do their best to protect your rights.
Aside from providing their services to clients, they also have other activities such as conduct seminars for its members, raise money and offer scholarships. Each association is governed by a board which plans the events for the year that includes publishing newsletters, formal and informal networking and continuing legal education.
The criminal defense lawyer association through its members also lobbies and obtains information about new legislation as this affects their practice whenever they have to help a client in open court.
For those who are not yet members, all they have to do is fill up a form. Law students may already apply and after paying the membership fee, they will be able to access information about legal matters that are only available to members.
Apart from state criminal lawyer associations, there is a bigger one called the National Lawyer Association. What they do here is not that different from what they do on the state level.
As a member, you get assess to online research, virtual office opportunities, lawyer referral service, membership benefits and services as well as immediate leadership opportunities in legal sections and committees. The best part is that you don't have to leave your state's association to become a member in the national level.
The advantage of being a member of a criminal defense lawyer association is that anyone who wants to seek your services will no longer question your capability as a lawyer because you have already proven yourself among your colleagues.
How? By being granted membership into the organization which means they recognize you as an equal. What potential clients will likely ask now is how many cases have you won and how many times have you argued this in court.
When you talk to a client, tell them straight out they you cannot guarantee that you can win their case. What you can promise though is that you will do your best to help them get out of this mess.
So what should you do if you have a legal problem and have no idea who to call? The best thing to do will be to get the number of the criminal defense lawyer association in your state so you can get the name of a lawyer who can help you out.
If you can't find it, look for it online because most of these have an official website with a list of their current members and their contact numbers. Initial consultation is usually free and if you are satisfied, then you should hire this person immediately so your legal woes will be straightened out. The best part is that you don't have to worry about paying for high legal fees since this organization has ways of getting the necessary funds to pay for their members.