Chapter 4: Search & Seizure

The 4th Amendment

• Can you beat my DWI and Refusal?
• What is the 4th Amendment?
• What happens if the police did violate my rights?
• What happens if police violated my 4th Amendment rights?

Bad Stops

• Police stopped me for no reason.  Can they do that?
• I was parked and the cops walked up and questioned me.  Can they do that?
• The police said someone reported me for drunk driving.  They pulled me over.  Can they do that?
• When I was pulled over for DWI the cop said he stopped me because I was swerving.  Is there anything you can do?
•  “Virginia State police pulled me over for going too slow and charged me with DUI.”  Legal?
•  “When I was pulled over last night, the cop said I didn’t use my turn signal … now I’m charged with driving under the influence.”  Legal?
• I got stopped for an air freshener.  Really?
•  “I was stopped Saturday night because I was near a known drug house . . .”  Legal?
•  “My rental car did not have a front tag . . . .”  Good stop or bad?
•  “Early Sunday morning I was arrested for DWI.  The cop who arrested me told the magistrate that I made an illegal u-turn.”  Good stop or bad?
•  “I got stopped because my friend [a passenger] tossed some trash out the window . . .”  Legal stop, or not?

Bad Searches

• In Virginia, what can I refuse without getting in more legal trouble?
• Can police search me after a traffic ticket?
•  “The cops kept on asking if they could search my car …”  Good search or bad?
• Can the cops make me get out of my car?
• Once the police pulled me over, they asked if they could search me for weapons.  Can they do it?
• My buddy and I were parked.  The cop walked up and asked who we were and what we were doing.  Did I need to answer him?