On April 19, 2011, the Massachusetts Supreme Judicial Court ruled in Commonwealth v. Cruz, SJC Case Number SJC-10738, that the odor of burnt marijuana alone does not suffice to establish probable cause or reasonable suspicion enough to order the occupants of a car to get out for a search. In Cruz' case, the police smelled burnt marijuana and interrogated and searched Cruz. The search yielded marijuana and crack cocaine.
Cruz was charged with possession of cocaine with intent to distribute and posssession of cocaine with intent to distribute within a school zone. Cruz challenged the evidence in a motion to suppress evidence that was allowed. The case then reached the Massachusetts Supreme Judicial Court on appeal. The Court's ruling should eliminate the "burnt marijuana" exit orders that frequently turn into drug or OUI cases.
CALL TO ACTION: Have you been busted or otherwise hassled about a "possession of controlled drug" charge or a DWI/DUI based on a suspicion of drug impairment? Call me today at 1-603-893-0074 for a free case consultation.
Have a safe night.
Mark
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens
Visit our website for more information:
http://www.byebyedwi.com
Wednesday, April 20, 2011
Wednesday, April 13, 2011
New Hand-Held Cell Phone Ban Looming in New Hampshire
New Hampshire laws. New Hampshire fines and motor vehicle violations.
MORE PROPOSED PRIVACY INTRUSIONS:
WHAT YOU SHOULD KNOW ABOUT HOUSE BILL 546 AND YOUR CELL PHONE
If you use a cell phone there is another new bill creeping its way through the House of Representatives that you should be aware of: proposed House Bill 546. This bill is called, “An Act relative to the use of hand-held cellular phones while driving”. This is a nanny-stater bill that would ban the use of hand-held cell phones while driving. Also included in this bill is an onerous provision that would allow the police to seize your phone if they stopped “examine the person’s cellular phone to verify the time of the call”. I guess the cops looking at their watches wouldn’t suffice for the bill’s sponsors. Here is the language of the proposed bill:
“265:105-b Prohibited Uses of Cellular Phones While Operating a Motor Vehicle. No person shall operate a motor vehicle on a public way while using any type of hand-held cellular telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a cellular telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion, is presumed to be engaging in a call within the meaning of this section. This limitation shall not prevent persons from using “hands-free” mobile telephones, if they do not require hand-held operation. A police officer charging a person with violating this section is authorized to examine the person’s cellular phone in order to verify the time of the call. Any person who violates this section shall be subject to a fine of $100.”
The Fourth Amendment to the federal Constitution protects us from warrantless seizures and searches by the police. Part 1, Article 19 of the New Hampshire Constitution predates the federal constitution, and provides people in New Hampshire with even greater protections than the Fourth Amendment does. The Fourth Amendment reads as follows:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourth Amendment was developed out of a general revulsion to the warrantless seizures and searches that American colonists had endured at the hands of the British. It protects us from seizures ands searches made without a warrant. This bill would violate the Fourth Amendment to the federal Constitution, as well as Part 1, Article 19 of the New Hampshire Constitution, immediately upon its passage. Advances in technology do not need to lead to the erosion of constitutional rights. The police do not need to seize a phone that they have seen next to a driver’s ear to “verify the time of the call”. They can look down at their watch.
Furthermore, enabling the police to look at a driver’s cell phone would lead to additional snooping by the police into the driver’s texts and emails that are on the phone. Do you want to be questioned about who you called and why? If you think this bill is a bad idea and an unnecessary intrusion into your privacy please make sure your representatives know your thoughts.
Have a safe night.
Mark
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens
Visit our website for more information:
http://www.byebyedwi.com
MORE PROPOSED PRIVACY INTRUSIONS:
WHAT YOU SHOULD KNOW ABOUT HOUSE BILL 546 AND YOUR CELL PHONE
If you use a cell phone there is another new bill creeping its way through the House of Representatives that you should be aware of: proposed House Bill 546. This bill is called, “An Act relative to the use of hand-held cellular phones while driving”. This is a nanny-stater bill that would ban the use of hand-held cell phones while driving. Also included in this bill is an onerous provision that would allow the police to seize your phone if they stopped “examine the person’s cellular phone to verify the time of the call”. I guess the cops looking at their watches wouldn’t suffice for the bill’s sponsors. Here is the language of the proposed bill:
“265:105-b Prohibited Uses of Cellular Phones While Operating a Motor Vehicle. No person shall operate a motor vehicle on a public way while using any type of hand-held cellular telephone to engage in a call while such vehicle is in motion. An operator of a motor vehicle who holds a cellular telephone to, or in the immediate proximity of, his or her ear while such vehicle is in motion, is presumed to be engaging in a call within the meaning of this section. This limitation shall not prevent persons from using “hands-free” mobile telephones, if they do not require hand-held operation. A police officer charging a person with violating this section is authorized to examine the person’s cellular phone in order to verify the time of the call. Any person who violates this section shall be subject to a fine of $100.”
The Fourth Amendment to the federal Constitution protects us from warrantless seizures and searches by the police. Part 1, Article 19 of the New Hampshire Constitution predates the federal constitution, and provides people in New Hampshire with even greater protections than the Fourth Amendment does. The Fourth Amendment reads as follows:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
The Fourth Amendment was developed out of a general revulsion to the warrantless seizures and searches that American colonists had endured at the hands of the British. It protects us from seizures ands searches made without a warrant. This bill would violate the Fourth Amendment to the federal Constitution, as well as Part 1, Article 19 of the New Hampshire Constitution, immediately upon its passage. Advances in technology do not need to lead to the erosion of constitutional rights. The police do not need to seize a phone that they have seen next to a driver’s ear to “verify the time of the call”. They can look down at their watch.
Furthermore, enabling the police to look at a driver’s cell phone would lead to additional snooping by the police into the driver’s texts and emails that are on the phone. Do you want to be questioned about who you called and why? If you think this bill is a bad idea and an unnecessary intrusion into your privacy please make sure your representatives know your thoughts.
Have a safe night.
Mark
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens
Visit our website for more information:
http://www.byebyedwi.com
Monday, April 11, 2011
Don't Tell the Cops You're Taking Drugs
If you get stopped and the police suspect you are intoxicated ("DUI/DWI")they will ask you about drinking. "Have you been drinking? is the tricky way the question is posed. You may have been watching a game or mowing the lawn and had a beer. But the way the question is posed, an affirmative answer sounds like you've been playing beer pong.
So what happens when the police think you're intoxicated but they can't smell alcohol? They will usually ask you if you take any medications. If a cop suspects you of intoxication and asks you if you tae medications, you are at high risk to get arrested. If you answer "yes" and describe what you take, even if it is prescribed, it increases your risk of arrest.
There is no better time to exercise your right to remain silent and your right to a lawyer than when a cop asks you if you are taking prescription drugs. Most innocent people beleieve that if they explain to the police that they are taking medications exactly as their doctor prescribed them they will steer clear of the DWI net the police are trying to catch them in. Wrong. Be careful how you answer any question posed by the police when you are stopped.
http://www.youtube.com/watch?v=0pqQ_TR_NSk"
Have a safe night.
Mark
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens
Visit our website for more information:
http://www.byebyedwi.com
So what happens when the police think you're intoxicated but they can't smell alcohol? They will usually ask you if you take any medications. If a cop suspects you of intoxication and asks you if you tae medications, you are at high risk to get arrested. If you answer "yes" and describe what you take, even if it is prescribed, it increases your risk of arrest.
There is no better time to exercise your right to remain silent and your right to a lawyer than when a cop asks you if you are taking prescription drugs. Most innocent people beleieve that if they explain to the police that they are taking medications exactly as their doctor prescribed them they will steer clear of the DWI net the police are trying to catch them in. Wrong. Be careful how you answer any question posed by the police when you are stopped.
http://www.youtube.com/watch?v=0pqQ_TR_NSk"
Have a safe night.
Mark
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens
Visit our website for more information:
http://www.byebyedwi.com
Monday, April 4, 2011
Not Guilty Monday, Apr. 4, 2011 Manchester District Court
Here is a link to a story about a trial today in the Manchester District Court. This was the case where the dad-to-be was rushing his wife to the hospital where she had her baby. The driver was issued a speeding ticket, which he challenged and we won today in the Manchester District Court.
Baby-on-the-way dad not guilty of speeding - Monday, Apr. 4, 2011
Remember, the only license suspensions that are really "automatic" are the one that aren't fought.
http://www.youtube.com/watch?v=z0mcgT4_8B4
Have a safe night.
Mark
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens
Visit our website for more information:
http://www.byebyedwi.com
Baby-on-the-way dad not guilty of speeding - Monday, Apr. 4, 2011
Remember, the only license suspensions that are really "automatic" are the one that aren't fought.
http://www.youtube.com/watch?v=z0mcgT4_8B4
Have a safe night.
Mark
New Hampshire DWI laws. Call Salem, New Hampshire criminal defense Attorney Mark Stevens today at 1-603-893-0074 for a free consultation for your New Hampshire DWI or "aggravated DWI" charges.
Call Today! 1-603-893-0074
New Hampshire DWI Attorney Mark Stevens
Visit our website for more information:
http://www.byebyedwi.com
Subscribe to:
Posts (Atom)
