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What to Do About the Human Head in your Trunk
Author: Douglas R. Smith  | Posted: 09-11-2006 | Comments: 0 | Views: 370 | Rating: (65)  (?) 
(Note: This article is not intended to be legal advice and is merely editorial in substance. Should you have questions concerning this subject you should consult your attorney.)
While attending law school I had a professor in Criminal Procedure studies that always referred to the "Human head in the trunk". The human head in the trunk was actually representative of the obvious illegal article one may have in their trunk when pulled over by the police for any type of stop when you are in a vehicle.
Although the current Supreme Court has significantly broadened the search powers of authorities, we as citizens, still have rights under the Fourth Amendment to the Constitution to protect us. Following are some simple advisory examples that if followed could extensively benefit your attorney should you find yourself in conflict with the law.
John and Dave are driving down the road with the proverbial "Human head in the trunk" of Dave's car when the flashing lights of a police cruiser appear in the rear view mirror. Their hearts begin to race and their palms become sweaty. Questions of what to do and scenarios of terrible outcomes are flooding their minds. After Dave pulls over, the officer approaches the vehicle and informs the driver that a tail light is out and he is going to issue a citation for a non-moving violation. John and Dave breathe a little easier. Then out of the blue the officer asks if they mind opening their trunk. John is thinking "no way" but Dave answers, "Sure officer, I have nothing to hide", because he believes that by being cooperative the officer is more likely to just let him go or not search at all.
Needless to say upon opening the trunk the officer spotted the "Human head" and John and Dave were arrested. Their attorney had no basis to object to the search at trial because Dave had consented to the search. Always deny the police a consent search. Remember that 100% of the time if the police have enough reason to search they will get the warrant and if they don't have the necessary probable cause then merely refusing to allow the search is not enough in itself to create probable cause. Stay calm and refuse the search by simply stating you have a 4th amendment right not to be searched. At least if they do obtain a warrant and conduct the search your attorney may have some legal basis to get the evidence excluded. Once you consent you gave the police a free pass.
So what should you do if you truly do not have anything to hide? Still refuse the search. I have always advised my friends and family to refuse the search simply because we never know everything about our "friends and acquaintances". In example again John and Dave are driving down the road with nothing in the trunk. They are on the way to a church youth function. Dave has known John for years but what Dave does not know is that John has been under a lot of stress lately. His girlfriend broke up with him, his brother went to jail for drug offenses a month ago and his parents are getting a divorce. Just before Dave picked him up John found a bag of pot in his brother's room and decided he might try it so he put it in his jacket pocket. Again Dave gets pulled over for a bad tail light. This time John panics and tosses the pot under the seat of the car. Dave, not knowing there was contraband in the car and believing the officer may not write him a ticket lets the police search the vehicle. When they find the pot, John is terrified and denies ever seeing the pot. As owner of the car, Dave is arrested. The police never had probable cause and therefore could only search the car with consent of the owner.
One can normally assume that you should deny a search. Remember, if the police have the evidence they would have already arrested you and if they're asking, they don't yet have probable cause.
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UR_CYTOMETRY Archives October 2007 Options:Show Author | Hide Author Show Table of Contents | Hide Table of Contents Join or Leave UR_CYTOMETRYSearch ArchivesSubject From Date Size2nd call - Fall Flowjo order Bushnell, Timothy <[log in to unmask]>Tue, 9 Oct 2007 09:29:13 -0400256 linesCytometry Series lecture (10/11/2007) Bushnell, Timothy <[log in to unmask]>Tue, 9 Oct 2007 09:30:09 -0400309 linesFall Flowjo order Bushnell, Timothy <[log in to unmask]>Mon, 1 Oct 2007 09:30:27 -0400242 linesFlocyte regional training program Bushnell, Timothy <[log in to unmask]>Tue, 9 Oct 2007 15:02:21 -04002016 linesImaging Cytometry 'Wetlab" Bushnell, Timothy <[log in to unmask]>Wed, 31 Oct 2007 14:10:02 -0400266 linesImaging Cytometry Wetlab Bushnell, Timothy <[log in to unmask]>Wed, 31 Oct 2007 14:30:22 -0400221 linesLast call - Fall Flowjo order Bushnell, Timothy <[log in to unmask]>Wed, 17 Oct 2007 10:55:56 -0400284 linesLympholyte free to a good home Bushnell, Timothy <[log in to unmask]>Wed, 17 Oct 2007 08:52:40 -0400206 linesReminder 1 pm today "Imaging Cytometry" Bushnell, Timothy <[log in to unmask]>Thu, 25 Oct 2007 08:15:20 -0400231 linesReminder: 1 pm today: Flow Cytometry Lecture Series. 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Parts/AttachmentsColleagues: Dr. John Quinn, applications scientist from Treestar, will be presenting web based seminar Friday January 11th at 1 pm on KMRB 3-9624 on Compensation and Transformation All are welcome. 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Justin, We're working hard to finalize FlowJo Collectors' Edition, ...mycyte.org/index.php?option=com_newsfe... - 133k - Cached - Similar pages - Note this 1 day ago PDF] Tree StarFile Format: PDF/Adobe Acrobat - View as HTMLData Analysis/Presentation ? Tim Bushnell & Ryan Duggan ..... Purdue University Cytometry Laboratories, West Lafayette, IN ...www.gliifca.org/pdf/GLIIFCA-2004.pdf - Similar pages - Note this 1 day ago Purdue Cytometry Mailing List: FW: Second Announcment: WNYFUG 2From : Bushnell, Timothy <Timothy_Bushnell@URMC.Rochester.edu> ... is sponsored by Treestar, and the best poster will win a 1 year subscription to Flowjo! ...www.cyto.purdue.edu/hmarchiv/2006/1019... - 9k - Cached - Similar pages - Note thisPurdue Cytometry Mailing List: By DateRE: FCS files to Excel with Diva or FlowJo Ashley Carter. Thu Mar 13 2008 - 18:25:41 EDT ..... New email list for Imagestream users Bushnell, Timothy ...www.cyto.purdue.edu/hmarchiv/Current/ - 248k - Cached - Similar pages - Note thisMore results from www.cyto.purdue.edu » 1 day ago Subject:Flowjo purchase 2007From:"Bushnell, Timothy" <[log in to unmask]>Reply-To:Cytometry <[log in to unmask]>Date:Tue, 3 Apr 2007 14:55:23 -0400Content-Type:multipart/alternativeP... text/plain (56 lines) , text/html (129 lines) Content-Type: text/html Colleagues: As you know, I have organized a yearly purchase for Flowjo, a flow cytometry data analysis package. If you are not familiar with this software, you can find information at http://www.flowjo.com/home/overview.html... A single seat (dongle/license) is $1325. We start to get additional discounts when we order more than 5 dongles. I have been approached by several labs interested in purchasing new copies of the software, so I am starting to organize another bulk purchase for this spring. If your lab is interested please email me privately with the number of dongles you wish to purchase and an account number to charge the purchase. I will start the paperwork on 16 April, so please get your information to 1 day ago me promptly. Regards,Tim Timothy Bushnell, Ph.D.Research Assistant Professor, Pediatrics and OncologyDirector, CPBR Flow LabUniversity of RochesterOffice: 585-273-5535Lab: 585-273-1361Fax: 585-276-0233http://www.urmc.rochester.edu/Aab/genepe... ____UR_Cytometry______Subscribers Corner_____ http://listserv.urmc.rochester.edu 1 day ago Subject:Fall Flowjo orderFrom:"Bushnell, Timothy" <[log in to unmask]>Reply-To:Cytometry <[log in to unmask]>, Bushnell, TimothyDate:Mon, 1 Oct 2007 09:30:27-0400Content-Type:multipart/alte... text/plain (52 lines) , text/html (128 lines) Content-Type: text/html Colleagues: As in the past, I am organizing a bulk order for copies of the flow cytometry analysis software package Flowjo, produced by Treestar, Inc. You can find details on this software are www.flowjo.com. The base cost will be $1325 per copy + shipping ($18/#copies ordered). I can usually arrange additional discounts when we order greater than 5 copies. If you are interested, please send me the number of copies you are interested in, the PI?s name, and an account number before October 15th. RegardsTim Timothy Bushnell, Ph.D.Research Assistant Professor, Pediatrics and OncologyDirector, CPBR Flow LabUniversity of RochesterOffice: 585-273-5535Lab: 585-273-1361Fax: 1 day ago Subject:Reminder: Flowjo seminar today 1-3 pmFrom:"Bushnell, Timothy" <[log in to unmask]>Reply-To:Cytometry <[log in to unmask]>, Bushnell, TimothyDate:Thu, 12 Jul 2007 06:35:42 -0400Content-Type:multipart/alternativeP... text/plain (34 lines) , text/html (108 lines) Content-Type: text/html You are invited to attend a free FlowJo Seminar on July 12, 2007 from 1 to 3 PM presented by John Quinn from Tree Star, Inc. The seminar will be held in MRB 3.9654, Schwartz West Conference Room. Seating is on a first come first serve basis. John will be available to answer your questions. This seminar has been arranged in conjunction with the July 11th, WNYFUG 2007. Timothy Bushnell, Ph.D.Research Assistant Professor, Pediatrics and OncologyDirector, CPBR Flow LabUniversity of RochesterOffice: 585-273-5535Lab: 585-273-1361Fax: 1 day ago ISAC E-News -- June, 2007 - MamboJun 8, 2007 ... You also may contact the President, Dr. Tim Bushnell, ... Adam Treister introduced possibilities of integrating these with FlowJo. ...www.isac-net.org/content/view/593/119/ - 53k - Cached - Similar pages - Note this[PDF] ISAC E-NewsFile Format: PDF/Adobe Acrobat - View as HTMLthe President, Dr. Tim Bushnell, at Timothy_Bushnell@URMC.rochester.edu. ... introduced possibilities of integrating these with FlowJo. ...www.zangani.com/files/2007-0608-ISAC_E... - Similar pages - Note this--------------------------------------... 1 day ago Subject:Reminder: Spring Flowjo orderFrom:"Bushnell, Timothy" <[log in to unmask]>Reply-To:Cytometry <[log in to unmask]>, Bushnell, TimothyDate:Fri, 14 Mar 2008 12:21:24 -0400Content-Type:multipart/alternativeP... text/plain (50 lines) , text/html (121 lines) Content-Type: text/html Colleagues: Is your lab in need of a new flowjo dongle? I am again coordinating a bulk purchase of flowjo dongles. The academic price is $1495 a dongle. In the past, the price breaks start at 3 dongles and go up from there. If your lab is interested in purchasing a dongle, please email me directly the name of the PI, an account number to charge, and the number of dongles you wish to purchase by March 17th. Tim Timothy Bushnell, Ph.D.Research Assistant Professor, Pediatrics and OncologyCo-Director, URMC Flow Cytometry FacilityOffice: 585-273-5535Lab: 585-273-1361Cell: 585-690-5157Fax: 585-276- 1 day ago Show Author | Hide Author Show Table of Contents | Hide Table of Contents Join or Leave UR_CYTOMETRYSearch ArchivesSizeFeedback requested on Flowjo web seminars Bushnell, Timothy <[log in to unmask]>Wed, 23 Jan 2008 13:24:34 -0500291 linesHIC Lab 11 Color LSRII Matthew Cochran <[log in to unmask]>Mon, 28 Jan 2008 15:02:11 -050025 linesHIC Lab LSRII Users Matthew Cochran <[log in to unmask]>Wed, 23 Jan 2008 17:55:41 -050025 lines 1 day ago Imagestream Interest Group Meeting/Training 11-15 February, 2008 Bushnell, Timothy <[log in to unmask]>Meeting/Training 11-15 February, 2008 Palmer, Elise <[log in to unmask]>Tue, 8 Jan 2008 10:46:10 -0500197 linesImageStream Workshop - Feb 11-15th, 2008, RPCI, Buffalo, NY Bushnell, Timothy <[log in to unmask]>Thu, 31 Jan 2008 14:35:42 -050010969 linesJanuary is Flowjo month at URMC Bushnell, Timothy <[log in to unmask]>Wed, 2 Jan 2008 09:46:58 -0500244 linesReminder: 1 pm - Flowjo Seminar Bushnell, Timothy <[log in to unmask]>Fri, 4 Jan 2008 10:12:35 -0500193 linesReminder: Friday 1 pm - Flowjo Seminar on Compensation and Transformation Bushnell, Timothy <[log in to unmask]>Wed, 9 Jan 2008 11:20:29 -0500214 linesReminder: Friday 1 pm - Flowjo Seminar on DNA Analysis and Cell Proliferation Bushnell, Timothy <[log in to unmask]>Wed, 16 Jan 2008 09:59:37 -0500220 linesReminder: Today 1 pm - 1 day ago Bushnell, Timothy - MamboMar 6, 2008 ... arrow ISAC Election 2008 arrow Bushnell, Timothy ... Timothy (Tim) Bushnell - candidate for Biological Councilor. Tim Bushnell ...www.isac-net.org/index.php?option=cont... - 17k - Cached - Similar pages - Note thisWelcome to the ISAC! - MamboAt the recent ISAC XIII congress held in Quebec City in 2006, ISAC organized the first in a series of workshops focusing on Topics in Multicolor ...www.isac-net.org/ - 52k - Cached - Similar pages - Note thisMore results from www.isac-net.org »From: FloCyte Associates, INC ..Purdue Cytometry Mail List ISAC ...- Jul 8 Purdue Cytometry Mail List ISAC Congress Cost of Meeting if the membership is aware that .... Next message: Bushnell, Timothy: "Statement from T. Bushnell, ...groups.google.com/group/misc.health.ai... - 50k - Cached - Similar pages - Note this 1 day ago ou are not ...If you are not a member of ISAC, I would especially like to hear from you, especially why you are not a member. Many regards. Tim Bushnell ...groups.google.com/group/misc.health.ai... - 39k - Cached - Similar pages - Note thisMore results from groups.google.com » 1 day ago LISTSERV 15.5 - UR_CYTOMETRY Archives - November 2007Bushnell, Timothy <[log in to unmask]>. Tue, 20 Nov 2007 07:03:02 -0500. 374 lines. ISAC 2008 CONGRESS ORAL ABSTRACT & STUDENT TRAVEL AWARD DEADLINE IS ...https://lists.rochester.edu/wa.exe?A1=in... - 27k - Cached - Similar pages - Note thisPurdue Cytometry Mailing List: Re: ISAC Congress - Cheap AccommoRe: ISAC Congress - Cheap Accommodation- going fast ... RAJA ALAMELU: "Serum Bank"; Previous message : Bushnell, Timothy: "Help with old coulter counter" ...www.cyto.purdue.edu/hmarchiv/2006/0256... - 10k - Cached - Similar pages - Note thisIs this Collusion on the Purdue Cytometry Mail List on Yedda ...- 4 visits - 1:56pm Timothy Bushnell, Ph.D. Director, CPBR ... Contemporary messages ...... Should ISAC Congress President Prevent Certain Conversations on the Mail List ...yedda.com/questions/Collusion_Purdue_C... - 651k - Cached - Similar pages - Note this
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Three Deadly Sins That Can Ruin a Mold Case
By: Jonathan Cooper | 23/07/2008
This article discusses the importance of appropriate mold testing and allergy testing to mold claims from the vantage point of the property owner and the personal injury plaintiff.
Finding the Best Virginia Personal Injury Attorney for Your Accident Case
By: Benjamin Glass | 23/07/2008
If you've been injured in a car accident in Virginia you may find the choices of attorney to be daunting. Having a hard time differentiating one from another? Follow this simple check list of steps to finding the right Virginia accident attorney for your case.
Easy Ways to Find Best Trainee Solicitor Jobs
By: Tomer Harel | 23/07/2008
Choosing the best trainee solicitor jobs tips and guidelines.
Just Versus Petty Suits in Pennsylvania
By: Art Gib | 22/07/2008
Do you really know the consequences of going to court? The decision might affect more lives than your own.
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