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FREE CASE EVALUATION
SPECIAL REPORT:
Mistakes the police make . . .
and how they can help you:
- Stopping a vehicle on the basis of an anonymous call. An officer must have
a reasonable belief that the anonymous call is accurate.
- Following a driver into his residence without an invitaion or
without enough information to justify the entry. Your home is protected
under the fourth amendment.
- Attempting to base a conviction on statements of a person who is not in court.
These constitute hearsay statements and are not admissable.
- Detaining a driver longer than is reasonable to investigate. The
constitution does not allow officers to hold you without limit.
- Stopping a vehicle without an articulable suspicion. An officer can
not stop you just because he thinks you are suspicious.
- Stopping a vehicle because it stops in the middle of the street or
it is driving too slow. Unless there is a specific traffic ordinance you
are violating, such as impeding traffic, it is not lawfull for an officer
to stop you.
- Stopping a vehicle for an improper sign. Street signs and lane
markings must comply with the Manual for Uniform Traffic Conrol Devices.
- Failing to follow the rules of the Georgia Bureau of Investigation with
regard to breath testing. Failing to follow the rules may lead to the exclusion of
a chemical test.
testing.
- Stopping at an improper roadblock. There are guidlines that must be
followed to validate the stop.
- Stopping a vehicle just to check the driver's license and
registration. There must be an actual traffic violation or an articulable
suspicion of a crime.
- Stopping a vehicle without being able to identify it as the one
actually commiting a traffic infraction. Officers must be able to convince
the Court that they stopped the right car.
- Stopping a vehicle for no reason at all. It's done. Officers usually
do not show up in Court on these.
- Blocking a vehicle's exit without justification. Officers may not
restrict a drivers freedom to leave without a reason.
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