Written by Gregory Monte. A couple of weeks ago I wrote a blog post about a motorist’s First Amendment right to “disrespect” a cop: Can a Cop Pull You Over for Cursing? My research revealed that the following three actions are protected: Giving the middle finger to a copCursing at a cop directlyCursing in your car in … Continue reading The Police and Free Speech
“The most terrifying words in the English language are: I'm from the government and I'm here to help.” Ronald Reagan Written by Gregory Monte. I first encountered the idea of a community caretaker when reading about an individual who was pulled over by the police for stopping too long at a stop sign. I found this … Continue reading The Police as “Community Caretakers”
Written by Gregory Monte. Have you ever heard of the community caretaking doctrine? It is an exception to the 4th Amendment protection on unlawful searches and seizures. From what I can tell, it was first identified in the 1973 US Supreme Court Case Cady v. Dombrowski, 413 US 433: “Local police officers, unlike federal officers, frequently … Continue reading Stopped Too Long at a Stop Sign? You Might Just Get Pulled Over.
Written by Gregory Monte. “No state law requires an officer to show you his radar gun.” Does a speeding motorist have the right to see the radar gun? “… I would find that Owens's due process rights were violated when the trooper refused the appellant's request to view the radar reading when he was stopped.” … Continue reading Violation of Due Process? Cops don’t have to show you the radar reading when you are stopped for speeding.