Evading Arrest or Detention

January 31, 2014

Can You Show the Arresting Officer’s Disciplinary Record in Trial?

January 29, 2014

Textbook Video From an Illegal Search

January 24, 2014

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

www.rosenthalwadas.com

(972) 369-0577

Today I’m posting a video created by a guy driving home from a Star Trek convention with a buddy who was stopped by a police officer for an alleged minor traffic offense.  He and his friend spend the better part of an hour being harassed, manipulated and badgered by the officer.  It’s a textbook example of when an unsuspecting fly gets tangled in the web of a nasty spider and can’t get away.

You can watch the video here.

As a Criminal Defense Lawyer having dealt with many bad searches, here are a few things I think are important to point out about this stop/ video.

Situations Like This Rarely Come to Light in the First Place

The reason this type of harassment of citizens never really comes to light is because these guys are completely innocent.  They’ve got no reason to ever acquire, watch, or publish this video.  In fact, most people who go through something like this either just want to forget that it ever happened or were so intimidated by the experience that they simply walk away.

Another reason why this situation is seldom exposed is because when an officer does profile correctly and find marijuana, cocaine or methamphetamine — the citizens regard all the singing, dancing, and acting he did to get into the car as “great police work.”  Obviously what is ultimately found, if anything, doesn’t suddenly validate the illegality of the search.

This is an Extreme (but not unheard of) Scenario

This situation is extreme.  It’s very common to see stops for very thin reasons, and very common to see cops play delay games like “the computer is slow today”.  Getting a k-9 to give a false hit (if that’s really what happened) would be highly uncommon, and simply making up a reason altogether for the stop (if that is what really happened) would also be well out-of-bounds.  Police often reach or stretch for reasons to detain someone, but normally it’s based on at least a smidgen of good faith.

Why this Search Was Illegal

Courts have long struggled with these types of police games.  In United States v. Shabazz, 993 F.2d 431 (5th Cir. 1993) citing United States v. Guzman, 864 F.2d 1512, (10th Cir. 1988) the Fifth Circuit stated:

“An officer conducting a routine traffic stop may request a driver’s license and vehicle registration, run a computer check, and issue a citation. When the driver has produced a valid license and proof that he is entitled to operate the car, he must be allowed to proceed on his way, without being subject to further delay by police for additional questioning. In order to justify a temporary detention for questioning, the officer must also have reasonable suspicion of illegal transactions in drugs or of any other serious crime.”

Also, it’s a well known game to wait for the arrival of a K-9 unit in the event the detaining officer suspects drugs.

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any situation you should contact an attorney directly.  Communications sent through this blog are not confidential, privileged, nor do they create an attorney-client relationship.


Protecting a Professional License When Facing Criminal Charges

January 21, 2014

By Collin County Criminal Defense Lawyer Jeremy Rosenthal

(972) 369-0577

www.rosenthalwadas.com

A professional license is like your personal Alamo.  It’s your livelihood and must be defended at all costs.

Any criminal charge must be evaluated to gauge it’s impact on your ability to either attain or maintain a professional license.  In some instances losing a license because of a criminal record is automatic and in other instances it may simply open the door to a licensing board to taking action.

This intersection of law is between traditional criminal law and administrative law as criminal courts don’t directly weigh-in on licenses such as medical licenses, CPA licenses, or engineering licenses.  Those decisions are made by different bodies.

Texas Occupations Code Chapter 53 governs the consequences of criminal records on certain professional licenses.  It’s structure demonstrates the complex and layered approach the legislature intended in situations when dealing with certain crimes as they relate to certain professions.

Your criminal lawyer needs to be mindful of the professional consequences in a criminal action.  Someone facing family assault charges, DWI, or drug charges may be facing stiff probation from the criminal court — but probation may be a hollow victory if administrative action against a professional license wipes-out your ability to put food on the table.

The end-game is what really matters and a good criminal lawyer is thinking 5-steps ahead.  Sometimes you simply need a “not-guilty” verdict… and that is that!

*Jeremy Rosenthal is Board Certified in Criminal Law by the Texas Board of Legal Specialization and licensed by the Supreme Court of Texas. Nothing in this article is intended to be legal advice.  For legal advice about any situation you should contact an attorney directly.


What Do I need to Tell My Boss If I Get Arrested?

January 19, 2014