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The Scope of Police Questioning During a Routine Traffic Stop: Do
Fordham Urban Law Journal Volume 30 | Number 6 Article 3 2003 The copS e of Police Questioning During a Routine Traffict S op: Do Questions Outside the Scope of the Original Justification for the Stop Create Impermissible Seizures If They Do Not Prolong the Stop? Bill Lawrence Follow this and additional works at: https://ir.lawnet.fordham.edu/ulj Part of the Constitutional Law Commons Recommended Citation Bill Lawrence, The Scope of Police Questioning During a Routine Traffict S op: Do Questions Outside the Scope of the Original Justification for the Stop Create Impermissible Seizures If They Do Not Prolong the Stop? , 30 Fordham Urb. L.J. 1919 (2003). Available at: https://ir.lawnet.fordham.edu/ulj/vol30/iss6/3 This Article is brought to you for free and open access by FLASH: The orF dham Law Archive of Scholarship and History. It has been accepted for inclusion in Fordham Urban Law Journal by an authorized editor of FLASH: The orF dham Law Archive of Scholarship and History. For more information, please contact [email protected]. The copS e of Police Questioning During a Routine Traffict S op: Do Questions Outside the Scope of the Original Justification for the Stop Create Impermissible Seizures If They Do Not Prolong the Stop? Cover Page Footnote J.D. candidate, Fordham University School of Law, 2004; B.A., Communication, Villanova University, 2000. I would like to thank my family and friends for their love and support. I also sincerely thank Professor Daniel Richman for his valuable insights. This article is available in Fordham -
When Can You Be Ticketed for Driving Without a License?
WHEN CAN YOU BE TICKETED FOR DRIVING WITHOUT A LICENSE? LAW: “No person, except those expressly exempted, shall drive any motor vehicle upon a highway or public property in this Commonwealth unless the person has a driver's license valid under the provisions of this chapter.” “Public property” only includes parking lots owned or leased by the Commonwealth. 75 Pa. Cons. Stat. § 1501(a). MEANING: Based on the language of the statute, you cannot be cited for driving without a license while only in the Home Depot parking lot because it is not a public highway. DEFENSE: If you were cited for driving without a license in the parking lot you should request a hearing to dispute the ticket. At the hearing you could make a corpus delicti objection (principle that a crime must have been proven to have occurred before conviction). If asked how you arrived at the parking lot, you can invoke 5th amendment protection (against self-incrimination) to not respond. If the officer never observed you driving outside the lot, then you may prevail in disputing the ticket. TIP: If you are stopped in the parking lot the officer could ask you how you got to the parking lot. You should not answer that question. BUT WHAT ABOUT PROBABLE CAUSE? CAN THE POLICE STOP ME WHENEVER THEY WANT? No, the police need probable cause to stop you in your car. There is no probable cause for stopping a driver for driving without a license. Therefore, unless there is another reason to stop a vehicle, such as expired registration, or speeding, there should not be a traffic stop. -
Forced Slave Camps Draft Results 13-Feb-2004 03:37 PM Eastern
WWW.RTSPORTS.COM Forced Slave Camps Draft Results 13-Feb-2004 03:37 PM Eastern Forced Slave Camps Draft BRICK Conference Mon., Sep 1 2003 1:00:00 PM Rounds: 16 Round 1 Round 6 #1 Buckweet - Ricky Williams, RB, MIA #1 Jammin Blues - Donte' Stallworth, WR, NOR #2 Sharks - St. Louis Rams, QB, STL #2 DRED ED's - Todd Heap, TE, BAL #3 Heidelville Humpers - LaDainian Tomlinson, RB, SDG #3 Boltz - Rod Smith, WR, DEN #4 Psychic Psychos - Marshall Faulk, RB, STL #4 Willy's Lumpers - Green Bay Packers, QB, GNB #5 Fast Attack Boomers - Clinton Portis, RB, DEN #5 Keystone Kops - Shannon Sharpe, TE, DEN #6 Keystone Kops - Shaun Alexander, RB, SEA #6 Fast Attack Boomers - Anthony Thomas, RB, CHI #7 Willy's Lumpers - Priest Holmes, RB, KAN #7 Psychic Psychos - Derrick Mason, WR, TEN #8 Boltz - Deuce McAllister, RB, NOR #8 Heidelville Humpers - Marty Booker, WR, CHI #9 DRED ED's - Edgerrin James, RB, IND #9 Sharks - Jerry Rice, WR, OAK #10 Jammin Blues - Terrell Owens, WR, SFO #10 Buckweet - Tim Brown, WR, OAK Round 2 Round 7 #1 Jammin Blues - Ahman Green, RB, GNB #1 Buckweet - James Stewart, RB, DET #2 DRED ED's - Marvin Harrison, WR, IND #2 Sharks - Chad Johnson, WR, CIN #3 Boltz - Randy Moss, WR, MIN #3 Heidelville Humpers - Jerry Porter, WR, OAK #4 Willy's Lumpers - Travis Henry, RB, BUF #4 Psychic Psychos - New England Patriots, QB, NWE #5 Keystone Kops - Charlie Garner, RB, OAK #5 Fast Attack Boomers - Keyshawn Johnson, WR, TAM #6 Fast Attack Boomers - Eric Moulds, WR, BUF #6 Keystone Kops - James Thrash, WR, PHI #7 Psychic Psychos - Fred Taylor, -
UNIVERSITY of CALIFORNIA RIVERSIDE Weird Women, Strange
UNIVERSITY OF CALIFORNIA RIVERSIDE Weird Women, Strange Times: The Representation of Power Through Female Gender Portrayals in 19th and 20th Century Iberian Literature A Dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Spanish by Rachel Anna Neff June 2013 Dissertation Committee: Dr. David K. Herzberger, Chairperson Dr. James A. Parr Dr. Raymond L. Williams Copyright by Rachel Anna Neff 2013 The Dissertation of Rachel Anna Neff is approved: Committee Chairperson University of California, Riverside Acknowledgements First and foremost, I wish to thank my kind and patient dissertation director, Dr. David K. Herzberger. I stopped counting the number of drafts he read and commented on, because I’m fairly certain the actual number would constitute cruel and unusual punishment. I am so grateful for the time and care he invested in my candidacy; I hope to one day be even half the mentor he has been to me. I would like to thank Dr. James A. Parr for serving on my committee, guiding me through several independent studies to improve my written Spanish, and for leading the amazing study abroad program in Spain where I worked at the Biblioteca Nacional. On a more personal note, I always appreciated how he shared his apple slices with me whenever I stopped by his office. I also wish to thank Dr. Raymond L. Williams for serving on my committee, advising me on independent study projects, and introducing me to Twitter. The topics in his courses were always fascinating, and the discussions inspiring. The end of the seminar dinners at his house are something I wish to do for my mentees in the future. -
Successfully Defending an OUI Case
CHAPTER 10 Successfully Defending an OUI Case David P. Sorrenti, Esq. Sorrenti & Delano, Brockton § 10.1 Introduction ............................................................................... 10–1 § 10.2 The Offense ................................................................................ 10–2 § 10.3 Operation ................................................................................... 10–2 § 10.3.1 Definition .................................................................... 10–2 § 10.3.2 Defense ....................................................................... 10–3 § 10.4 Public Way .................................................................................. 10–4 § 10.4.1 Definition .................................................................... 10–4 § 10.4.2 Stipulation of Proof .................................................... 10–5 § 10.4.3 Defense ....................................................................... 10–5 § 10.5 Under the Influence ................................................................... 10–6 § 10.5.1 Diminished Capacity .................................................. 10–6 (a) General Principles ............................................. 10–6 (b) Opinion Evidence .............................................. 10–7 (c) Erratic Operation ............................................... 10–7 (d) Odor of Alcohol ................................................. 10–7 (e) Red or Glassy Eyes ............................................ 10–8 (f) Slurred Speech .................................................. -
If Approached Or Stopped by a Police Officer Traffic Stop
WHY DO POLICE STOP CITIZENS OR TRAFFIC STOP – WHAT TO DO POLICE AT YOUR HOME VEHICLES? Slow down and pull to the right, or onto a side Usually if a police officer knocks on your Person appears to need assistance street. door, it is for one of the these reasons: Traffic violation If you feel unsafe or suspect it’s not really the . To interview you or a member of your Person suspected of violating the law police, turn on your emergency flashers and household as a witness or a suspect to an Person fits the description of a suspect continue slowly to a well-lit location like a gas incident that is being investigated. To serve an arrest warrant Person has been pointed out as a suspect station. If still unsure, dial 9-1-1 to get confirmation. To serve a search warrant Person may have witnessed a crime If stopped at night, turn on the dome light. To make a notification Officer seeking information about a crime Spotlights and flashlights are used to If they are not in uniform, make sure they Officer is making a community contact illuminate the scene for everyone’s safety, not really are law enforcement officers by to intimidate you. requesting to see a badge and identification IF APPROACHED OR STOPPED BY A Do not exit your vehicle, but wait for the card. POLICE OFFICER officer. Whenever police come to your door, they Keep your hands where the officer can see Keeping your hands visible, such as on the should willingly provide identification and them and don’t put them in your pockets. -
There Better Be a Naked Cheerleader Under Your Bed‖
―THERE BETTER BE A NAKED CHEERLEADER UNDER YOUR BED‖: REPRESENTATIONS OF SOUTHERN, WORKING CLASS MASCULINITY IN KING OF THE HILL Presented to the Graduate Council of Texas State University–San Marcos in Partial Fulfillment of the Requirements For the Degree Master of ARTS by Joshua C. Shepherd, B.J. San Marcos, Texas May 2011 ―THERE BETTER BE A NAKED CHEERLEADER UNDER YOUR BED‖: REPRESENTATIONS OF SOUTHERN, WORKING CLASS MASCULINITY IN KING OF THE HILL Committee Members Approved: __________________________ Susan Weill, Chair __________________________ Kate Peirce __________________________ Cindy Royal Approved: __________________________ J. Michael Willoughby Dean of the Graduate College COPYRIGHT By Joshua Charles Shepherd 2011 FAIR USE AND AUTHOR’S PERMISSION STATEMENT Fair Use This work is protected by the Copyright Laws of the United States (Public Law 94-553, section 107). Consistent with fair use as defined in the Copyright Laws, brief quotations from this material are allowed with proper acknowledgment. Use of this material for financial gain without the author‘s express written permission is not allowed. Duplication Permission As the copyright holder of this work I, Joshua Shepherd, authorize duplication of this work, in whole or in part, for educational or scholarly purposes only. ACKNOWLEDGEMENTS This thesis would not have been possible without the support and assistance from some wonderful people in my life. My supervisor, Dr. Susan Weill, professor at Texas State University-San Marcos, who guided me throughout this process and pushed me to become a better writer; Dr. Kate Peirce, professor at Texas State University-San Marcos for all her help and spawning this idea with her course on Gender and Media; Dr. -
THE UTION and ~~X,Mt C',D,~N~'W of T~CHNOLOGY
THE UTION AND ~~x,mT c',D,~n~'w OF T~CHNOLOGY J S~SKATE, INC. THE EVOLUTION AND DEVELOPMENT OF POLICE TECHNOLOGY A Technical Report prepared for The National Committee on Criminal Justice Technology National Institute of Justice By SEASKATE, INC. 555 13th Street, NW 3rd Floor, West Tower Washington, DC 20004 July 1, 1998 This project was supported under Grant 95-IJ-CX-K001(S-3) from the National Institute of Justice, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the authors and do not necessarily represent the official position of the U.S. Department of Justice. PROPERTY OF National Criminal Justice Reference Service (NCJRSJ Box 6000 Rockville, MD 20849-6000~ ~ ...... 0 0 THE EVOLUTION AND DEVELOPMENT OF POLICE TECHNOLOGY THIS PUBLICATION CONTAINS BOTH AN OVERVIEW AND FULL-LENGTH VERSIONS OF OUR REPORT ON POLICE TECHNOLOGY. PUBLISHING THE TWO VERSIONS TOGETHER ACCOUNTS FOR SOME DUPLICATION OF TEXT. THE OVERVIEW IS DESIGNED TO BE A BRIEF SURVEY OF THE SUBJECT. THE TECHNICAL REPORT IS MEANT FOR READERS SEEKING DETAILED INFORMATION. o°° 111 TABLE OF CONTENTS EXECUTIVE SUMMARY ............................................................. VI OVERVIEW REPORT INTRODUCTION ..............................................................1 PART ONE:THE HISTORY AND THE EMERGING FEDERAL ROLE ................................ 2 THE POLITICAL ERA ........................................................ 2 THE PROFESSIONALMODEL ERA ................................................ 2 TECHNOLOGY AND THE -
Week 10 Game Release
WEEK 10 GAME RELEASE #BUFvsAZ Mark Dal ton - Senior Vice Presid ent, Med ia Rel ations Ch ris Mel vin - Director, Med ia Rel ations Mik e Hel m - Manag er, Med ia Rel ations Imani Sube r - Me dia Re latio ns Coordinato r C hase Russe ll - Me dia Re latio ns Coordinator BUFFALO BILLS (7-2) VS. ARIZONA CARDINALS (5-3) State Farm Stadium | November 15, 2020 | 2:05 PM THIS WEEK’S PREVIEW ARIZONA CARDINALS - 2020 SCHEDULE Arizona will wrap up a nearly month-long three-game homestand and open Regular Season the second half of the season when it hosts the Buffalo Bills at State Farm Sta- Date Opponent Loca on AZ Time dium this week. Sep. 13 @ San Francisco Levi's Stadium W, 24-20 Sep. 20 WASHINGTON State Farm Stadium W, 30-15 This week's matchup against the Bills (7-2) marks the fi rst of two games in a Sep. 27 DETROIT State Farm Stadium L, 23-26 five-day stretch against teams with a combined 13-4 record. Aer facing Buf- Oct. 4 @ Carolina Bank of America Stadium L 21-31 falo, Arizona plays at Seale (6-2) on Thursday Night Football in Week 11. Oct. 11 @ N.Y. Jets MetLife Stadium W, 30-10 Sunday's game marks just the 12th mee ng in a series that dates back to 1971. Oct. 19 @ Dallas+ AT&T Stadium W, 38-10 The two teams last met at Buffalo in Week 3 of the 2016 season. Arizona won Oct. 25 SEATTLE~ State Farm Stadium W, 37-34 (OT) three of the first four matchups between the teams but Buffalo holds a 7-4 - BYE- advantage in series aer having won six of the last seven games. -
All-Time All-America Teams
1944 2020 Special thanks to the nation’s Sports Information Directors and the College Football Hall of Fame The All-Time Team • Compiled by Ted Gangi and Josh Yonis FIRST TEAM (11) E 55 Jack Dugger Ohio State 6-3 210 Sr. Canton, Ohio 1944 E 86 Paul Walker Yale 6-3 208 Jr. Oak Park, Ill. T 71 John Ferraro USC 6-4 240 So. Maywood, Calif. HOF T 75 Don Whitmire Navy 5-11 215 Jr. Decatur, Ala. HOF G 96 Bill Hackett Ohio State 5-10 191 Jr. London, Ohio G 63 Joe Stanowicz Army 6-1 215 Sr. Hackettstown, N.J. C 54 Jack Tavener Indiana 6-0 200 Sr. Granville, Ohio HOF B 35 Doc Blanchard Army 6-0 205 So. Bishopville, S.C. HOF B 41 Glenn Davis Army 5-9 170 So. Claremont, Calif. HOF B 55 Bob Fenimore Oklahoma A&M 6-2 188 So. Woodward, Okla. HOF B 22 Les Horvath Ohio State 5-10 167 Sr. Parma, Ohio HOF SECOND TEAM (11) E 74 Frank Bauman Purdue 6-3 209 Sr. Harvey, Ill. E 27 Phil Tinsley Georgia Tech 6-1 198 Sr. Bessemer, Ala. T 77 Milan Lazetich Michigan 6-1 200 So. Anaconda, Mont. T 99 Bill Willis Ohio State 6-2 199 Sr. Columbus, Ohio HOF G 75 Ben Chase Navy 6-1 195 Jr. San Diego, Calif. G 56 Ralph Serpico Illinois 5-7 215 So. Melrose Park, Ill. C 12 Tex Warrington Auburn 6-2 210 Jr. Dover, Del. B 23 Frank Broyles Georgia Tech 6-1 185 Jr. -
Implied Consent Laws Will Only Apply As Follows
IMPLIED CONSENT Why are we discussing Implied Consent? What does Implied Consent have to do with Intoxilyzer Operations? After stopping a motorist on suspicion of DUI, the officer typically checks for signs of impairment and may ask the driver to submit to a breathalyzer test to determine his or her breath-alcohol (BrAC) or blood alcohol concentration (BAC). But not everyone willingly provides a breath sample and police officers cannot force DUI suspects to blow into a tube. More than 20 percent of drunk driving suspects in the U.S. refuse to take a breathalyzer or other BAC test when an officer suspects drunk driving, according to the National Highway Traffic Safety Administration (NHTSA). It varies greatly from state to state, from 2.4 percent in Delaware to 81 percent in New Hampshire (based on 2005 data cited by NHTSA). The act of refusal, though, comes with its own penalties. Under "implied consent" laws in all states, when they apply for a driver's license, motorists give consent to test or tests to determine impairment. Should a driver refuse to submit to testing when an officer has reasonable suspicion that the driver is under the influence, the driver risks automatic license suspension along with possible further penalties. Consequences for breathalyzer refusal vary by state, which may explain the wide variance in statewide refusal rates, but most states impose an automatic driver's license suspension upon refusal of a BAC/BrAC test. Suspensions usually increase for a refusing motorist with past DUI convictions, sometimes including jail time. DEFINITION OF IMPLIED CONSENT A. -
GGD-00-41 Racial Profiling: Limited Data Available on Motorist Stops
United States General Accounting Office Report to the Honorable GAO James E. Clyburn, Chairman Congressional Black Caucus March 2000 RACIAL PROFILING Limited Data Available on Motorist Stops GAO/GGD-00-41 United States General Accounting Office General Government Division Washington, D.C. 20548 B-283949 March 13, 2000 The Honorable James E. Clyburn Chairman, Congressional Black Caucus Dear Mr. Chairman: Racial profiling of motorists by law enforcement—that is, using race as a key factor in deciding whether to make a traffic stop—is an issue that has received increased attention in recent years. Numerous allegations of racial profiling of motorists have been made and several lawsuits have been won. As agreed with your office, this report provides information on (1) the findings and methodologies of analyses that have been conducted on racial profiling of motorists; and (2) federal, state, and local data currently available, or expected to be available soon, on motorist stops. We found no comprehensive, nationwide source of information that could Results in Brief be used to determine whether race has been a key factor in motorist stops. The available research is currently limited to five quantitative analyses that contain methodological limitations; they have not provided conclusive empirical data from a social science standpoint to determine the extent to which racial profiling may occur. However, the cumulative results of the analyses indicate that in relation to the populations to which they were compared, African American motorists in particular, and minority motorists in general, were proportionately more likely than whites to be stopped on the roadways studied. Data on the relative proportion of minorities stopped on a roadway, however, is only part of the information needed from a social science perspective to assess the degree to which racial profiling may occur.