March 13, 2013 (Press-News.org) During a traffic stop, it is not rare for police officers to ask permission to search through the vehicle of the person they pulled over. While, in many circumstances, officers are required to get a search warrant or make an arrest before they can search a vehicle, this requirement is waived if the driver consents to the search.
Consenting to a search can be a risky move. A woman in Madison County, Illinois learned this lesson the hard way this winter, after she was caught with approximately $1.6 million in cash in her vehicle.
According police reports, an Illinois State Police officer pulled the woman over because of a traffic violation and because her vehicle had an improper license plate cover. After giving the driver a warning, the trooper asked to search her vehicle. She agreed, whereupon the trooper found the cash sealed inside of 27 plastic bags.
The woman was charged with money laundering. If convicted, she could face between four and 15 years in prison. A spokesman from the Illinois State Police said that the woman is suspected of carrying the cash as part of an illegal drug trafficking ring.
Protecting your rights during a traffic stop
Both the U.S. Constitution and the Illinois State Constitution protect the rights of people who are stopped by the police. However, in the vast majority of cases, the police aren't going to make a proactive effort to inform you of your rights.
If you are stopped by the police while in your car, here are some things you should know:
- You do have to pull over: Even if you think you haven't done anything wrong, you have to stop. Fleeing will only make matters worse, and may even give the officer grounds to arrest you. Once you've pulled over, keep your hands on the wheel and don't retrieve anything from your glove box or your pockets until the officer asks you to. At night, turn on your car's overhead light for better safety.
- You can remain silent: You do have to tell police your real name, address and date of birth and show a photo ID if asked. However, you do not have to answer any questions about where you came from, where you are going, what you have in the car or anything else. Simply tell the officer (politely and respectfully) that you are invoking your right to remain silent.
- You do not have to consent to a search: If the officer asks to search your car, you are free to say no. If the officer searches your vehicle anyway, do not resist. Instead, keep saying that you do not consent to the search. You can sort out the constitutional issues with your criminal defense attorney later on if the police find something incriminating.
- You can ask to leave: Unless you are being detained or are under arrest, you can end an encounter with the police at anytime. However, before leaving, you should ask if you are free to go. For example, if the officer asks to search your car, you can say "I do not consent to a search. Am I free to leave?".
Constitutional violations by law enforcement officials may render evidence inadmissible at trial. If you think your rights were violated during a traffic stop, talk to an experienced Illinois criminal defense attorney who can help you understand your options.
Article provided by Polinske & Associates, P.C.
Visit us at www.papc.biz
Madison County traffic stop leads to $1.6 million cash seizure
Both the U.S. Constitution and the Illinois State Constitution protect the rights of people who are stopped by the police. However, in the vast majority of cases, the police aren't going to make a proactive effort to inform you of your rights.
2013-03-13
ELSE PRESS RELEASES FROM THIS DATE:
Online database allows Albany residents to search nursing home rankings
2013-03-13
When an elderly family member can no longer adequately care for themselves, the often tough choice is made for them to become a resident of a nursing home. And while most people would like to believe elderly nursing home residents always receive exceptional care - especially given the potential vulnerability of some older members of our society - nursing home neglect and abuse continues to occur.
In order to help families make the best possible decision when placing elderly family members in nursing homes, U.S. News recently collected ratings for almost every nursing ...
Supreme Court says OK to search after dog's sniff
2013-03-13
The U.S. Supreme Court recently issued a decision regarding one of the two drug-sniffing dog cases heard in oral arguments earlier this term. The judges' decision was unanimous, and Justice Elena Kagan wrote the majority opinion.
The case, Florida v. Harris, questioned whether a police officer had probable cause to search a car after a drug-sniffing dog alerted to the presence of drugs. The question hinged on the Fourth Amendment to the U.S. Constitution, which provides that "the right of the people to be secure in their persons, houses, papers, and effects, against ...
Teen driver fatalities up across country, down in CA
2013-03-13
Recently, the Governors Highway Safety Association released a report regarding the number of teenage drivers who were killed in motor vehicle accidents during the first half of 2012. According to the report, the number of 16- and 17-year old driver fatalities rose during the first six months of 2012, the first increase seen in that demographic since 2002.
From January through June 2012, 240 teenage drivers aged 16 and 17 died in auto accidents -- a 19 percent increase from the same period the year prior. In 2011, there were 202 16- and 17-year-old driver fatalities during ...
Using hands-free technology while driving no safer than texting
2013-03-13
Over the past decade, cell phones have become essential tools for people in nearly every walk of life. Although these devices offer many advantages, they have also contributed to the emergence of distracted driving as a threat on our nation's highways.
According to the National Highway Traffic Safety Administration, 3,092 people were killed and an additional 419,000 were injured in motor vehicle crashes involving distracted drivers in 2010, the last year for which statistics are available. Overall, distracted driver related car crashes accounted for approximately 18 ...
Should you keep the house after divorce?
2013-03-13
Even the happiest couples can experience problems in their marriages. Small arguments can turn into resentment, and couples may decide that they no longer want to stay together. While it can be emotionally difficult to make the decision to move on, sometimes it is best thing to do.
Many people are not that familiar with what happens during a divorce. Some couples may be able to work together to resolve all of their issues, including any division of property and debts that the couple may have accumulated during the marriage.
Oregon, like many other states, distributes ...
Yearly review and update of employee handbooks
2013-03-13
The first quarter of the year is a good time for business owners to review their employee handbooks. Yearly reviews and updates will make sure that a company's handbook takes into consideration updates in the law and continues to limit liability.
Topics to consider for 2013 include the use of criminal background checks to screen potential candidates and social media policies. An employment law attorney can provide counsel and review a current handbook to make sure these issues are adequately addressed.
This article will summarize some of the reasons why these topics ...
New drug may help those with spinal cord injuries
2013-03-13
Spinal cord injuries are a significant problem in the U.S. According to the Centers for Disease Control and Prevention, approximately 200,000 in the U.S. are currently living with a spinal cord injury. Each year, anywhere from 12,000 to 20,000 new patients are reported. Experts estimate that the lifetime medical costs associated with a spinal cord injury can run anywhere from $500,000 to $3 million, depending on the severity of the injury.
Spinal cord injuries are serious because they can lead to permanent neurological impairments in any body system controlled by the ...
Nevada traffic fatalities increased in 2012
2013-03-13
Since 2006, Nevada law enforcement officials and the Nevada Department of Transportation have focused on reducing the number of fatalities caused by motor vehicle accidents in the state. The ultimate goal -- outlined after auto accident fatalities and injuries reached record highs in 2006 -- is to try to eliminate motor vehicle fatalities on Nevada roads.
Unfortunately, the data from 2012 has revealed that the number of traffic fatalities in Nevada actually rose during the past year. According to the Nevada Department of Transportation and Department of Public Safety, ...
Final rule issued for Physician Payment Sunshine Act
2013-03-13
In 2010, Congress passed the Patient Protection and Affordable Care Act, commonly known as the Affordable Care Act. One of the provisions of this wide-sweeping piece of legislation was the Physician Payment Sunshine Act, a law requiring public disclosure of payments physicians receive from companies. In February 2013, the Centers for Medicare & Medicaid Services, the federal agency in charge of carrying out the law's requirements, announced the final rule for implementing the Act.
Mandatory disclosures
The Physician Payment Sunshine Act obligates manufacturers ...
Legal and practical implications of older divorces
2013-03-13
The baby boomers are not so young any more. In fact, some are already in retirement and legions of them are on their way to the golden years. As a generation that experienced monumental social changes related to gender, including expanded roles, professional opportunity, independence and economic advantages for some women, it's not really surprising that they are divorcing at a higher rate later in life.
Both men and women may work, accumulate wealth and assets, maintain their health longer and have their own ideas of what they want in life, including whether they are ...
LAST 30 PRESS RELEASES:
How a broken bone from arm wrestling led to a paradigm shift in mental health: Exercise as a first-line treatment for depression
Alarming levels of microplastics discovered in human brain tissue, linked to dementia
Global neurology leader makes The Neuro world's first open science institute
Alpha particle therapy emerges as a potent weapon against neuroendocrine tumours
Neuroscience beyond boundaries: Dr. Melissa Perreault bridges Indigenous knowledge and brain science
Giant clone of seaweed in the Baltic Sea
Motion capture: In world 1st, M. mobile’s motility apparatus clarified
One-third of older Canadians at nutritional risk, study finds
Enhancing climate action: satellite insights into fossil fuel CO2 emissions
Operating a virtual teaching and research section as an open source community: Practice and experience
Lack of medical oxygen affects millions
Business School celebrates triple crown
Can Rhizobium + low P increase the yield of common bean in Ethiopia?
Research Security Symposium on March 12
Special type of fat tissue could promote healthful longevity and help maintain exercise capacity in aging
Researchers develop high-water-soluble pyrene tetraone derivative to boost energy density of aqueous organic flow batteries
Who gets the lion’s share? HKU ecologists highlight disparities in global biodiversity conservation funding
HKU researchers unveil neuromorphic exposure control system to improve machine vision in extreme lighting environments
Researchers develop highly robust, reconfigurable, and mechanochromic cellulose photonic hydrogels
Researchers develop new in-cell ultraviolet photodissociation top-down mass spectrometry method
Researchers develop innovative tool for rapid pathogen detection
New insights into how cancer evades the immune system
3 Ways to reduce child sexual abuse rates
A third of children worldwide forecast to be obese or overweight by 2050
Contraction inhibitors after 30 weeks have no effect on baby's health
Nearly 1 in 5 US college athletes reports abusive supervision by their coaches
THE LANCET: More than half of adults and a third of children and adolescents predicted to have overweight or obesity by 2050
Ideal nitrogen fertilizer rates in Corn Belt have been climbing for decades, Iowa State study shows
Survey suggests people with disabilities may feel disrespected by health care providers
U-Michigan, UC Riverside launch alliance to promote hydrogen-fueled internal combustion engines
[Press-News.org] Madison County traffic stop leads to $1.6 million cash seizureBoth the U.S. Constitution and the Illinois State Constitution protect the rights of people who are stopped by the police. However, in the vast majority of cases, the police aren't going to make a proactive effort to inform you of your rights.