Opinion Letter

678 WordsMay 5, 20133 Pages
LEGAL RESEARCH & WRITINg Florida Attorney Babcock Street Palm Bay, Florida November 1, 2012 Jennifer Weiss Port Malabar Palm Bay, Florida Re: Whether the car stop was constitutional because no violation of any traffic ordinance supported the stop. Dear Jennifer Weiss You hired me on November 18, 2012 to represent you for the stop that was not constitutional because no violation of any traffic ordinance supported the stop; you wondered if you could challenge the stop, whether the police had the right to tape what you said in the back of the patrol car during your phone conversation, and defend yourself against the drug charge for the prescription. Facts The following facts were gathered from November 10, 2012 interviewing with you and the review of the police report. Please to contact me if there are any inaccuracies to be corrected or any additions to be made to the police report. You were a passenger; a fellow student was giving you a ride home. You almost reached your house when the police pulled the car over, claimed the window tinting on their car was too dark. The driver gave consent that the car could be searched. The officers found a prescription bottle of OxyContin, the prescription belong to some-else. While the search was going on, Jennifer was on her cell phone, and was seated in the back seat of the back seat of the patrol car; her phone conversation was being taped. Jennifer was arrested. The officers claimed they stopped the car because the window tinting was too dark. 1. The officer got consent to search car; 2. The car was travelling at speed limit; 3. Prescription bottle had different name; 4. There were two passengers in car; Answer When police make traffic stops, the passenger in the car, like the driver is seized for Fourth Amendment purposes, may challenge the

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