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Georgia Law Enforcement Restrictions on Vehicle Searches

The public is rightfully grateful for strict enforcement of traffic and safety laws, but sometimes cops in Georgia go too far in searching the vehicles they stop.

June 21, 2009 /Hispanic PR News/ — Georgia Law Enforcement: Constitutional Restrictions on Vehicle Searches

Georgia is a beautiful place for a road trip. From piney forests to coastal islands and from rural farms to urban Atlanta, millions of vehicles traverse the state clocking billions of trip miles every year. In this time of a depressed economy and the resulting pressure on public funding, the Georgia State Patrol (GSP), sheriffs and local police departments have their hands full keeping everyone safe. The public is rightfully grateful for strict enforcement of traffic and safety laws, but sometimes cops in Georgia go too far in searching the vehicles they stop.

Vehicle Privacy Rights

The United States Constitution’s Fourth Amendment protects people from unreasonable searches and seizures unless the authorities obtain valid judicial warrants based on probable cause. Federal and Georgia courts recognize that the constitutional right to privacy extends to your vehicle, although the privacy protection in your car is weaker than the right to privacy in your home.

Because cars are mobile and could drive away with important criminal evidence, and because they are highly regulated by the government, courts have held that in certain carefully defined circumstances police are not required to obtain warrants before searching motor vehicles. However, in Georgia police officers have abused these limited exceptions in order to conduct illegal searches of vehicles.

Search Incident to Arrest

The Supreme Court recognizes an exception to the warrant requirement in a search incident to a proper arrest. Basically the search-incident-to-arrest exception as articulated in Chimel v. California allows an officer to search the space within reach of the arrestee — the area within his or her immediate control — for either of two important reasons:

• To prevent the suspect from obtaining a weapon that could harm the arresting officer
• To prevent the arrestee from destroying or concealing evidence

In the 1981 case of New York v. Belton, the Supreme Court analyzed the search-incident-to-arrest exception to the warrant requirement when the person arrested is a driver or passenger of a motor vehicle. The Court looked at whether the lawful search in this circumstance extends to the passenger compartment of the car. The Court reasoned that because things –weapons or evidence — in the passenger compartment could be grabbed by an arrestee and removed from the car, an officer making such an arrest could legally search the inside of the car, including the interior of a container found in the vehicle, without a warrant.

Arizona v. Gant

In April 2009, the US Supreme Court in Arizona v. Gant looked squarely at the Belton rule again, narrowing its reach and giving specific guidance to police about warrantless passenger compartment searches incident to arrest. Gant revisited the Chimel reasoning that an arresting officer could search the area within the immediate control of the arrestee to ensure that he or she could not reach a weapon or interfere with important evidence.

In Gant, the arrested person had been detained for driving with a suspended license, and was safely handcuffed and locked in the back of the squad car while the police searched his automobile without a warrant, finding an illegal drug in a coat in the backseat. Because an arrestee cuffed and locked in another car could not possibly reach into his own passenger compartment, the original reason for the exception to the warrant requirement – the safety of the officer and the preservation of evidence – had evaporated. The court also held that the only legitimate warrantless search in these circumstances is when there is reasonable suspicion of the existence of evidence of the crime for which the person is being arrested.

New Guidance for Police

Gant sends a clear message to Georgia cops and law enforcement across the US: no more “unbridled discretion to rummage at will among a person’s private effects.” If you arrest someone for a traffic offense, you cannot search the car hoping to find drugs or other illegal contraband (unless another exception to the Fourth Amendment’s warrant requirement exists). You may only reasonably look for evidence related to the traffic offense for which you are arresting the car’s occupant.

The decision also gives pointed guidance to Georgia judges. When a defendant has been arrested on a traffic stop, did the cops search the car even after the defendant was removed from physical proximity to the car and could no longer have reached inside the passenger compartment? Was it reasonable for the police to believe the inside of the car could have contained evidence of that traffic offense?

Protect Your Rights

If you were stopped by Georgia law enforcement for a traffic violation and the officer either searched your car after cuffing and removing you from reach of the passenger compartment, or searched the inside of the automobile when there was no reasonable chance of evidence relevant to the traffic violation, that search may have been an unconstitutional violation of your Fourth Amendment rights as interpreted in Gant. Any evidence seized illegally should not be used against you at trial for a drug charge or any other criminal charge.

Be sure to consult with a knowledgeable Georgia criminal defense attorney as soon as possible if you believe you were the victim of an illegal vehicle search. To protect your rights and your liberty, time may be of the essence.
Source: Ross & Pines, LLC

Allstate Celebrates the Passion of Mexican National Team Fans With a Unique Sweepstakes for the Ultimate Tricolor Fan

Multichannel promotion allows fans to participate online, on-site or by texting

NORTHBROOK, Ill., June 24 /PRNewswire/ –It’s Game Time…Allstate Insurance company, the nation’s largest publicly held personal lines insurer and exclusive auto, home and life insurance sponsor of the Mexican National Team, today launched this year’s sweepstakes, an exclusive promotion to celebrate the beauty of the game and its legions of fans.

Created to bring fans closer to a legend of “the beautiful game,” Allstate will reward one winner and a guest with an all-expenses-paid trip to Dallas, Texas on September 30 to watch a Tricolor game with one of the most exciting soccer players in history – former MNT captain Luis Roberto Alves, also known as “Zague.”

The sweepstakes is part of the activities surrounding Allstate’s third consecutive year as a sponsor of the Mexican National Team and is being announced as players prepare for the highly-anticipated June 24 exhibition match against Venezuela at the Georgia Dome in Atlanta.

“Allstate is a very proud sponsor of the Mexican National Team and we are excited to be able to offer this exclusive experience to two fans to be able to watch their team with one of its legends,” said Georgina Flores, senior marketing manager at Allstate.

Mexican soccer legend, former MNT player and ex-captain of the team, Luis Roberto Alves “Zague,” has teamed up with Allstate over the past three years to add to the excitement and passion for the sport and to convey to fans that on and off-the field, protection is the right move. Sharing the team’s last game in the United States with him will be a once in a lifetime experience for a lucky winner and guest.

“This year has been full of excitement surrounding the performance and results for the qualifying games for both the Gold Cup and the World Cup. I’m thrilled to once again team up with my friends at Allstate, a company that’s always been committed to the Hispanic community,” commented ‘Zague’. “I look forward to joining the thousands of fans during the upcoming matches of the U.S. tour and I can’t wait to meet the winners of this year’s sweepstakes in Dallas.”

The promotion officially ‘kicks off’ on June 24, 2009, and is open until September 1, 2009. There are three ways for participants to enter and consumers can enter in English or Spanish:

  • Enter online at www.proteccioneslajugada.com – the official Web site of Allstate’s MNT sponsorship
  • Text “ZAGUE” to 49737 (standard rates apply)
  • Visit the Allstate booth at Futbol Fiesta in Atlanta on June 24 and/or San Diego on June 28

There is one entry permitted per person. For rules and the official entry form, visit www.proteccioneslajugada.com

About Allstate

The Allstate Corporation (NYSE: ALL) is the nation’s largest publicly held personal lines insurer. Widely known through the “You’re In Good Hands With Allstate(R)” slogan, Allstate is reinventing protection and retirement to help individuals in approximately 17 million households protect what they have today and better prepare for tomorrow. Customers can access Allstate products and services such as auto insurance and homeowners insurance through approximately 14,700 exclusive Allstate agencies and financial representatives in the U.S. and Canada, or in select states at allstate.com and 1-800 Allstate(R). Encompass(R) and Deerbrook(R) Insurance brand property and casualty products are sold exclusively through independent agents. The Allstate Financial Group provides life insurance, supplemental accident and health insurance, annuity, banking and retirement products designed for individual, institutional and worksite customers that are distributed through Allstate agencies, independent agencies, financial institutions and broker-dealers. Customers can also access information about Allstate Financial Group products and services at myallstatefinancial.com.
Source: Allstate Insurance

seek to be worth knowing rather than be wee known - deep truth

seek to be worth knowing rather than be wee known – deep truth