Search and Seizure Protections

In today’s episode Chuck talks about Search and Seizure protections. He talks about new strategies that police officers in Arizona are using to pull drivers over and explains how to keep from being targeted by them.

Search and Seizure Protections Video Transcript

Hello there.

As you know when you are in a vehicle, there are stretches of the search and seizure protections that you have. When I say that I mean that a police officer can stop you if he has a reasonable belief that a crime is being committed or even a civil traffic violation being committed.

It appears that law enforcement has been using a new tool to pull vehicles over; not so much in Phoenix, but on some of the interstates and state roads. There are a number of devices that will take your cell phone or your portable navigation device and will attach it with a suction cup on your windshield. Of course everyone would think “well that is fine.”

Believe it or not, the Department of Public Safety is using that for a reason to pull people over because they consider it an obstruction of your view through your windshield. Folks, that is a stretch and I even had someone who was pulled over because their cell phone was on some kind of mount that was on the dashboard but it popped up the phone. Conceivably it could block someone’s view in a tiny area but that was the¬†pretextual reason for pulling over this car.

Whether or not that is a valid stop or not, I would argue that it is not and that remains to be seen in this particular case until I file my motion and we will let a court decide. I just want you to know that a police officer may do that. It is the same thing if you have a big crack through your windsheild; common sense would dictate that sure it would be hard to see through there especially if you are staring right at the crack.

But everybody has these GPS or cell phone suction cup mounts on their windshields. I think it is a great idea so that you are not holding on to the phone and you aren’t using the phone except maybe for directions. So that would keep people from reaching for their phone and doing dumb things while they are driving but apparently now it is being used as an excuse to pull people over.

Thank you.