Tag Archives: Moving Violations

If You Give the Police the Finger How Long in Jail Will You Linger?

  By ,

If You Give the Police the Finger How Long in Jail Will You Linger? 

In January 2013, the police arrested a man in St. Johnsville New York for disorderly conduct, after he flipped off an officer.  After the man’s arrest, the criminal charges were dismissed and he sued the police.  Ultimately, the U.S. Court of Appeals for the 2nd Circuit allowed the man’s lawsuit against the police to survive, ruling that the “ancient gesture of insult is not the basis for a reasonable suspicion of a traffic violation or impending criminal activity.”

While free speech is one of our most cherished liberties, free speech is subject to court interpretation.  As a result, time after time courts have had to consider the question:  “What are the limits of free speech?”  The answer, even for an experienced criminal lawyer, is not an easy one.  In general, Courts have identified three types of free speech, each protected at a different level:

 

  1. Pure speech:  is the verbal expression of thoughts and opinions before a voluntary audience and has received strong protection from courts.

  2. Speech-plus:  involves actions, such as demonstrating or protesting, as well as words and is not generally protected as strictly as is pure speech.

  3. Symbolic speech:  often involves no speech at all, but rather involves symbols or gestures that courts have judged to be forms of free expression, such as flipping off an officer.  Symbolic speech is always controversial and courts have sometimes held it to be beyond the limits of free speech.

 

So, can you safely flip off a cop without going to jail?  The answer is probably not.  In truth, the police will not appreciate a challenge to their authority and will likely arrest you.  The most common charges in this situation will likely be Disorderly Conduct or Obstruction of Governmental Administration.  In addition, if the police arrest and search you or your vehicle and find evidence of a different crime like possession of drugs, possession of marijuana, or possession of a weapon, you will be arrested and charged with those additional crimes.

 If you get arrested for exercising you free speech rights call Weisberg & Zukher, PLLC. at 315-701-2939 or send us an e-mail and tell us about your case at bestsyracuselawyer.com.  Your initial consultation is always free.  Our experienced attorneys will help you by vigorously defending your case under the guiding principles of Franklin Roosevelt:  “We must remember that any oppression, any injustice, any hatred, is a wedge designed to attack our civilization.”

Call Weisberg & Zukher, PLLC. at 315-701-2939 for a free consultation or send us an e-mail to tell us about your case at bestsyracuselawyer.com.

See related articles:

What are my rights if I am stopped, searched, or arrested by police?

How do I remove a criminal charge from my record?

What you should know about Probable Cause

What is Harassment?

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Can the Police Legally Search Your Butt After a Routine Stop for a Traffic Ticket?

  By , ,

Can the Police Legally Search Your Butt After a Routine Stop for a Traffic Ticket?

2011 04 11 - 7662 - Washington DC - DC Rights Protest
thisisbossi / Foter / CC BY-NC-SA

On August 5, 2013, a Syracuse police officer stopped a man for a traffic violation when he allegedly failed to use a turn signal.  After noticing him wiggling around in his seat, the police allegedly saw crack cocaine on the man’s seat.  When the man was brought to the Justice Center and a body search was conducted, the police allegedly found crack cocaine hidden in his buttocks.  The man was charged with drug possession third and fourth degree felonies and a drug possession in the seventh degree misdemeanor.

Did the police have the right to search the man’s butt when he was only stopped for a traffic ticket?  As with every drug case, the key issue is whether the police seizure was lawful or did the police violate the man’s search and seizure rights.  The answer requires a lawyer to analyze the legality of the search and seizure had under the federal (Fourth Amendment) and New York constitutions.  As a general rule, when a car is stopped for a traffic infraction, the police may not search absent additional grounds to believe that a crime has been committed.  The police can order the driver or passenger out of the car during a traffic stop and, if the police observe contraband in plain view, they can search the entire car, along with its occupants.  Another permissible reason for the police to search a car is when the police smell marijuana in the vehicle.

Although there are many valid reasons for the police to search a car and its occupants, the police often conduct car searches based on illegal reasons.  Just some examples are:  (1) the car is in a “high crime area;” (2) furtive movements of the car’s occupants, like “wiggling” or moving your hands; (3) the occupants giving different stories as to their travels; and (4) asking the occupants if the car contains “anything illegal they should know about” without observing any facts of a crime.

If the police conduct an illegal search, and the proper suppression motions are brought by your attorney, all property illegally seized will be suppressed and may not be used as evidence against you at trial.  In certain instances, suppression from an illegal search may extend to your statements or confession, which may be suppressed as the “fruit” of the illegal search or “poisonous tree.”

Can the police search your butt after a traffic stop?  The legal answer often depends on the skill and ability of your attorney to conduct a proper and detailed analysis of your case under the applicable search and seizure law.  The attorneys at Weisberg & Zukher, PLLC. have more than a decade of trial and motion experience with search and seizure issues.  If you are charged with a drug crime, our knowledge of search and seizure law will make all the difference in your case, to obtain the best result possible for you.

Call Weisberg & Zukher, PLLC. at 315-701-2939 for a free consultation or send us an e-mail to tell us about your case at bestsyracuselawyer.com.  O

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.

Candy Crush While Driving May Not Be So Sweet for Your License

  By ,

candy-crush-while-driving-best-syracuse-lawyer

It’s the latest craze.  Everyone is doing it.  Yes, it’s Candy Crush.  The almost irresistible urge to check your cell phone to see if enough time has passed for you to get another life, so you can have yet one more turn at that annoying level you’ve been stuck on for days.  Or maybe, your friends sent you a life you can use to finally move down that candy crush path toward earning the envy of everyone around you, as you proudly announce a triple digit level number to signify your genius and skill.
Unfortunately, if you are overcome by the irresistible candy crush urge while driving, you may be pulled over and ticketed by the police for a violation of New York Vehicle and Traffic Law Sections 1225-c (Use of Mobile Telephone) or 1225-d (Use of Portable Electronic Devices).  These rules prohibit the use of cell phones while driving, and a traffic ticket for breaking these rules can be anything but sweet, tasty, delicious, or divine.
If you hold a New York State driver’s license, a conviction will add 2 points to your license.  This can lead to increased car insurance rates, high fines, and, ultimately, to a license suspension if you get 11 points on your license within 18 months.  Although spending hours in court dealing with a cell phone ticket can add to your candy crush status (make sure your phone is set to silent), it’s really not that great.
Even if you do not live in New York State, New York will create a driving record based on your conviction.  If you get 11 points in New York State within 18 months, you will lose your right to drive here and, chances are, that a cell phone ticket conviction in New York will appear on your home state’s driver’s license.

If you get a cell phone ticket, don’t despair.  Call Weisberg & Zukher, PLLC. at 315-701-2939 for a free consultation or send us an e-mail to tell us about your case at bestsyracuselawyer.com.  Our experienced attorneys will help you by vigorously defending your cell phone ticket or any other traffic violation.  We will help you get your life back on track and down that everlasting candy crush path.

This Blog/Web Site is made available by the publisher for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog site you understand that there is no attorney client relationship between you and the Blog/Web Site publisher. The Blog/Web Site should not be used as a substitute for competent legal advice from a licensed professional attorney in your state.