|
Incredulous Red posted:First, what state are you in? ^This. You're talking about potential no fault laws and automobile insurance issues that tend to vary widely from state to state. In no fault states, your own insurance pays for medical bills, for example. Also, here (MI) the extent to which the insurer pays a medical bill depends on the type of coverage and whether its "coordinated" with your auto insurer. In my state, your own insurer, assuming you have collision/comprehensive, also pays for damage to YOUR vehicle. Also, you seem to be concerned about paying for your bumper - do you have your own insurance? If so, do you have collision coverage? Have you spoken with them yet? My gut tells me that whichever insurer picks up the tab, they pick up the whole tab. Yes, usually you have to come to an agreement before a check is simply sent out, especially because they likely will wish for you to sign some sort of release. If you do receive a check, make sure you read every part of it in full, because I have heard of checks that will have a byline indicating that by cashing it, you release them from further responsibility.
|
#
?
May 6, 2010 03:35
|
|
|
|
| # ? May 15, 2024 18:56 |
|
|
Incredulous Red posted:First, what state are you in? Sorry! Texas. Auracounts posted:^This. You're talking about potential no fault laws and automobile insurance issues that tend to vary widely from state to state. In no fault states, your own insurance pays for medical bills, for example. Also, here (MI) the extent to which the insurer pays a medical bill depends on the type of coverage and whether its "coordinated" with your auto insurer. In my state, your own insurer, assuming you have collision/comprehensive, also pays for damage to YOUR vehicle. I think I have collision/comp, but I called my insurance company (USAA) and they said that I'd be better off working with the other insurance company on my own. My deductible is $1000, so I'd have to pay quite a bit out of pocket. The damage to the car isn't more than cosmetic and my medical bills aren't that high (yet, I might have to go back and see the doctor if the pain doesn't lighten up in the next few days), so I agree that it would be in my best interest overall to not involve USAA. I just don't want to be given the run around because I don't know exactly what the at-fault insurance company is liable for. Someone in the small questions thread quoted the "Eggshell Doctrine", which seems to be in my favor.
|
|
#
?
May 6, 2010 03:49
|
|
|
tishthedish posted:Sorry! Texas. Well drat. I know nothing of the "at fault" states, or Texas law.  I'm sure someone else, though, can help you more thoroughly. It does sound like your deductible is high enough, though, that it probably doesn't make much sense to even involve your own insurer. I can't imagine that the cost to fix the bumper will exceed that amount. One thing people never do is actually check their policies. If you happen to have yours somewhere, take a look at it and it might even provide guidance. I don't know how they look in other states, but in mine, they aren't littered with awful legalese (too much) anymore, and they tend towards a plain english style of writing so the insureds can, you know, understand them. 
|
|
#
?
May 6, 2010 04:02
|
|
|
tishthedish posted:Sorry! Texas. Unless it's some weird "at fault" state that's different than all the others, they should pay for everything you submit to them that is reasonable. Get an estimate at a big chain repair shop and also one from a smaller or specialized one to see what the rates are for that sort of work. I'm guessing $200-400 for bumper, $100-200 for paint, and maybe $400 for labor? So yeah, it's nearing somewhere around $1000 they owe you and then whatever your out of pocket costs for medical were they should cover completely. I haven't really dealt with medical claims before but my brother backed into my bumper once and it cracked and stressed the fiberglass on it. I think that came out to near $700 if I were to fix it. I ended up fixing it myself and didn't spend much of the 700. Then later it was technically "totalled" when hail damaged the hood/trunk/fender since it would cost $2300 to paint all the separate panels. Since that would cost almost as much as the bluebook value, they would either total it for that price and take the car, or sell it back to me for $400 and I could do what I want with the remaining $1900. I took it back and just dealt with the dents and invested the money in something else way more boring like bills or something...
|
|
#
?
May 6, 2010 11:08
|
|
|
PoOKiE! posted:Unless it's some weird "at fault" state that's different than all the others, they should pay for everything you submit to them that is reasonable. It's funny - no fault comes so second nature to me now, I think the traditional fault states are weird and complicated. I bet people living in the fault states think the same of us weird no faulters, eh? 
|
|
#
?
May 6, 2010 14:58
|
|
|
PoOKiE! posted:Unless it's some weird "at fault" state that's different than all the others, they should pay for everything you submit to them that is reasonable. There was more damage than the bumper, that was just the part that I disagreed with. I have two dents, a headlamp that needs to be replaced, and the front quarter panel has a bunch of scrapes/paint missing. For all that damage, the estimate they gave was $1228. I definitely plan to bank the money I get, but I deserve what's fair. I feel like the fact that I'm a 23 year old female is really working against me, because the guys who came out on Tuesday to check out my car kept saying that I was "confused". They were going on about how they are only partially responsible for the bumper, and I was arguing that I liked how it was before (and having a half-painted bumper has definitely got to lower the value of my car). I know I had a valid point, I know that I am most likely right, but they kept referring to it as a "misunderstanding". 
|
|
#
?
May 6, 2010 16:37
|
|
|
tishthedish posted:There was more damage than the bumper, that was just the part that I disagreed with. I have two dents, a headlamp that needs to be replaced, and the front quarter panel has a bunch of scrapes/paint missing. For all that damage, the estimate they gave was $1228. I definitely plan to bank the money I get, but I deserve what's fair. I feel like the fact that I'm a 23 year old female is really working against me, because the guys who came out on Tuesday to check out my car kept saying that I was "confused". They were going on about how they are only partially responsible for the bumper, and I was arguing that I liked how it was before (and having a half-painted bumper has definitely got to lower the value of my car). I know I had a valid point, I know that I am most likely right, but they kept referring to it as a "misunderstanding". You might want to consider consulting with an attorney in your area that focuses on insurance/personal injury cases, because they will have ample experience dealing and negotiating with adjusters. Most will consult for free, and if they decide to assist you, most will assist on a contingency basis.
|
|
#
?
May 6, 2010 19:47
|
|
|
Auracounts posted:You might want to consider consulting with an attorney in your area that focuses on insurance/personal injury cases, because they will have ample experience dealing and negotiating with adjusters. Most will consult for free, and if they decide to assist you, most will assist on a contingency basis. Yes, but if you go to them with JUST a property damage case and you were not injured, do not expect them to take the case on a contingency fee.
|
|
#
?
May 6, 2010 20:41
|
|
|
Solomon Grundy posted:Yes, but if you go to them with JUST a property damage case and you were not injured, do not expect them to take the case on a contingency fee. Some will do it, though, which is why I said "most," and to "consult" with them. Just because some don't, doesn't mean that everyone doesn't. You just have to look around. Especially since she did mention she had been to a physician for minor injuries that were still bothering her a few days post-accident. I've seen many take on minor cases like that just to keep them as clients on the off chance that an injury case does develop later on.
|
|
#
?
May 6, 2010 20:52
|
|
|
Auracounts posted:You might want to consider consulting with an attorney in your area that focuses on insurance/personal injury cases, because they will have ample experience dealing and negotiating with adjusters. Most will consult for free, and if they decide to assist you, most will assist on a contingency basis. I think I will do this. I talked to the agent again, and she gave me some BS. She said that she talked to the adjuster and he "pretty much" put down enough labor hours to cover the full bumper. "He only subtracted a little bit", apparently. It sounded like she knew that they are supposed to pay for the full bumper, but I only got stutters from her when I said that. She also said that she sent me the check for the estimate from a few days ago, even though I told her that I didn't want a check until we had actually agreed on an amount. Obviously I'm not going to cash that check, but I think that I'll just communicate via email so there's a paper trail. And talk to a lawyer.
|
|
#
?
May 6, 2010 22:21
|
|
|
tishthedish posted:I think I will do this. I talked to the agent again, and she gave me some BS. She said that she talked to the adjuster and he "pretty much" put down enough labor hours to cover the full bumper. "He only subtracted a little bit", apparently. It sounded like she knew that they are supposed to pay for the full bumper, but I only got stutters from her when I said that. She also said that she sent me the check for the estimate from a few days ago, even though I told her that I didn't want a check until we had actually agreed on an amount. Obviously I'm not going to cash that check, but I think that I'll just communicate via email so there's a paper trail. They send out their own "experts" banking on the fact that most people just go along with it. If the damage is on the other parts of the car as you state, I would definitely keep track of everything they are saying and get a couple free consultations from lawyers in your area. For the damage you describe I would be surprised if the frame wasn't bent a little as well. With that sort of damage on most cars older than 1994, it's pretty close to being considered "totalled" and not worth fixing. If the representatives speak the same way through email as on the phone, the lawyer may be interested since there may be a case against them deceiving customers and dodging costs of claims. Is the fender bent where the light is also? You should just post a pic of the front of it so us car goons can give you the real assessment
|
|
#
?
May 7, 2010 21:16
|
|
|
Quick question, My friends dad passed away a few years ago and his older sister was transferred custody over his (aside from him and his sister) disabled/mentally retarded family. His father passed over control of his family to his sister before he died. He recently shared with me that his sister is abusing his family mentally/emotionally and that he's wondering if he can talk to a lawyer about gaining custody over his family without risking them being split apart and the chance that they might be sent to a place that's worse off than they are currently. He's 19 and his sister 24.
|
|
#
?
May 7, 2010 23:45
|
|
|
Logite posted:Quick question, We need more facts. How many mentally disabled people were under the father's care? How old were they when under his care? How old were they when he passed control to his sister? How old are they now? If the mentally disabled people were over 18, was the father formally appointed the conservator of them? How did he pass control to the sister? Your friend, is he mentally competent? What his relationship to the mentally disabled people? I assume they are his siblings. Flesh out your question, it's not clear to me who is who.
|
|
#
?
May 8, 2010 00:30
|
|
|
entris posted:We need more facts. How many mentally disabled people were under the father's care? How old were they when under his care? How old were they when he passed control to his sister? How old are they now? All of the mentally disabled people were over 18. His father had a foster care going and decided to adopt them. I am not sure how he passed control to his daughter. My friend is mentally competent - his mother is disabled with multiple sclerosis and there are 3 other disabled siblings, 1 of which is completely dependent on outside care. They're all above the age of 24. From what he's saying she gets checks from the Disbursements Bureau. I think he said something about her getting SSI.
|
|
#
?
May 8, 2010 03:33
|
|
|
Hey guys, I'm a navy goon and I would like some guidance from a JAG if anyone is out there. I had a bit of a situation today and I would like to know what I'm entitled to. So far I've been treated very nicely and I don't want to extort anything, I just don't want wool being pulled over my eyes. The short story is my 10month old car had an electrical fire today on my way to flight school. As a result I had to pay a 200~dollar (it is actually 20,000yen as I'm stationed in Japan) tow truck fee and I had to miss a class that I already paid for (it's a 7 week course). I bought the car from an on base American car dealership aka New Car Sales and they've been working with me all day today (Saturday here) and told me that they'll be able to reimburse me for a rental car fee, BUT being under these car payments and flight school I opted for the loaner vehicle. They told me that soonest they could get me a loaner vehicle is tomorrow, so I'll have to use my wife's car to go to my school and she'll have to walk tomorrow until the loaner car gets here. Some question I have for any experts in here (and I'll be asking the dealers) are: are they (dealership) responsible for reimbursing me for the towing fee? Will they reimburse me for items broken while I was waiting for emergency services? That's actually because in Japan we're required to carry flares and reflective triangles (now I thank god they make us) and my reflective triangle was destroyed by a semi. Some back story (just in case it makes a difference) I was driving to school and as I got on the highway my vehicle flashed on the console "Right Front..." something I couldn't read. I tried to cycle the message back but then my car shut off. I immediately went for my emergency lights but they didn't work, the interior lights did a little light show and the whole car was dead. I managed to stop right at the end of the merging section to get on the expressway but I couldn't pop my trunk to get to my triangle or flare. At this point I had no emergency lights, and no power. I popped the backseat down from inside the car and got my triangle and flare. I ran out, set up the triangle and flare, and called the emergency services, while I did this I noticed smoke (not steam) coming from my hood. I popped the hood and my fuse box was on fire I took my shirt off and put the flames out with it. While waiting for help (about an hour and 20 minutes) my triangle was hit by a semi and destroyed so I put on my reflective gold exercise shirt and was standing a couple yards behind my car kind of to warn people that my car died. I was almost hit twice and after the third I thought "gently caress it" and I went back inside my car because I was probably doing more harm than good. As I got in my car a small japanese cargo truck skid and did a tokyo drift to avoid my car. Two more cars did the same soon after. My wife finally came to my rescue (it's about 730 am at this point)and I light up her flares only to still have 2 more cars slide and skid to avoid me. The emergency vehicles finally show up. My car gets towed and I'm handed a 200 dollar tow fee. Advice please?
|
|
#
?
May 8, 2010 10:36
|
|
|
a forbidden love posted:Hey guys, I'm a navy goon and I would like some guidance from a JAG if anyone is out there. I had a bit of a situation today and I would like to know what I'm entitled to. So far I've been treated very nicely and I don't want to extort anything, I just don't want wool being pulled over my eyes. The ENCS website is a good source for information, including POCs for "I'm not satisfied, where do I go next?" ENCS offers roadside assistance that includes towing - do you have it? (If you go with USAA for insurance, they also have roadside assistance super cheap) The rental/loaner car is probably provided under the car's warranty. Absent roadside assistance or a specific warranty provision, they're probably not responsible for your tow - but ask for reimbursement anyway. I can't see how they'd be responsible for the semi running over your warning triangle, but it can't hurt to ask nicely. Comedy option: You could try filing a claim with your insurance company, but I doubt you'll meet the deductible. Particularly if they start jerking you around, get in touch with your local legal assistance office. You'll get a free JAG who'll be more familiar with ENCS than any of us are.
|
|
#
?
May 8, 2010 13:24
|
|
|
joat mon posted:The ENCS website is a good source for information, including POCs for "I'm not satisfied, where do I go next?" I unfortunately opted out of the roadside assistance, I was thinking "Hey, brand new car. What could possibly happen?" well I'm definitely getting it now and also for my wife's car. I'll definitely ask about all my reimbursements and I'll read those links ASAP. Great help, thank you for the links.
|
|
#
?
May 8, 2010 14:31
|
|
|
Logite posted:All of the mentally disabled people were over 18. His father had a foster care going and decided to adopt them. I am not sure how he passed control to his daughter. My friend is mentally competent - his mother is disabled with multiple sclerosis and there are 3 other disabled siblings, 1 of which is completely dependent on outside care. They're all above the age of 24. What State/County? In California, proceedings for the Court to appoint someone to care for another (i.e. making medical decisions, deciding where they live, handling their finances) are called conservatorships if they are an adult, limited conservatorships for a developmentally disabled adult, and guardianships for minors. There are probably court proceedings with respect to each of the disabled siblings. I am a Los Angeles probate lawyer and in this State if this was going on we would file a petition to appoint a successor conservator for each of the three disabled individuals and within the petition describe the type of abuse going on. My guess is that with the proper evidence a judge would remove the sister as conservator and appoint a new person as conservator with respect to all three disabled persons. Most other states call these guardianships, whether a minor or an adult.
|
|
#
?
May 8, 2010 16:54
|
|
|
Runaktla posted:What State/County? In Michigan, we use both. Guardianships grant one the right to make legal decisions, and conservatoriships grant the right to make financial decisions.
|
|
#
?
May 8, 2010 19:34
|
|
|
I just saw on the news a guy I sort of know was arrested after being on the run for a few days or a week for a dui hit and run that killed a lady. This guy is a violent scumbag who many have seen destroy property and beat on people the times when he gets some beer in him and his little temper flares up. But as far as I know personally and from looking him up before he doesn't really have much of a record. News says he got out of the car, saw she was dying and took off. I know of 2 people who can attest to his prior scumminess a lot better than I. Can these people be doing anything? talking to the DA or some such about this guy in hopes he doesn't get some sweet plea-bargain or light sentence? or do they even care about stuff like that? does a violent past factor in at all on what's maybe not considered a violent crime? edit: If DA's offices do listen to stuff like that in a case like this: I wouldn't be willing to do any of that myself just because of how little I know the guy. I'd be afraid me saying anything would just be wasting time or worse. These 2 other people I know of, I've not been in contact with and don't know if they know what this guy just got accused of, but if a DA would be interested in the kind of life this guy led I would make sure these 2 people knew they have an option to help. VVV now what makes you think his name is xxxxx? VVV I will neither confirm nor deny. Vin BioEthanol fucked around with this message at 19:55 on May 10, 2010 |
|
#
?
May 10, 2010 15:38
|
|
|
Wagonburner posted:I just saw on the news a guy I sort of know was arrested after being on the run for a few days or a week for a dui hit and run that killed a lady. Is his name [redacted]? ^^^ because my office might be representing him. joat mon fucked around with this message at 18:03 on May 10, 2010 |
|
#
?
May 10, 2010 17:55
|
|
|
Annnnd just judging from some comments on some news sites it doesn't look like anybody will need any help from the people I know who knew the accused. Looks like lots of people on the infohighway thing knew him and knew lots worse stuff than we do. I just found out from those comments his brother (who I thought was slightly more level headed) did a driveby on his dealers house cause he thought he was ripped off.
|
|
#
?
May 10, 2010 20:39
|
|
|
Identity theft question: My gf had an ex-roommate use the information she put down on their lease to start an electric account under her name after they went their separate ways. My gf has filed a police report, they won't investigate since they think there isn't enough info for a prosecution. She has also filed a report with the credit reporting companies. She has a lease showing she didn't live at the property the account was for, and she even opened her own account several months after the ex-roommate had theirs shut off for delinquency, but she wasn't informed about the account then. Apparently the electric company has an investigator on the case who doesn't believe she didn't set the account up, as the roommate used her phone to do it. Basically, is there anything the electric company can really do/how can she get them off her back? A friend of hers said that it won't affect her credit if she ignores them, due to the police report and her filing it as identity fraud, but I would like some conformation.
|
|
#
?
May 10, 2010 21:12
|
|
|
I was in a car accident a few days ago in Phoenix Arizona. The other guy was found to be totally at fault. The other guy's insurance company's estimate was for about $3200 of damage to a 2003 Mustang, all Non-OEM parts and most not even "CAPA certified". I'm taking it elsewhere tomorrow to get my own estimates. If I filed a third-party claim with his insurance, and they have accepted liability, what am I entitled to as far as OEM/aftermarket parts, and can I get compensated for diminished value of the previously-unwrecked car's resale value?
|
|
#
?
May 13, 2010 06:14
|
|
|
Wagonburner posted:Looks like lots of people on the infohighway thing knew him and knew lots worse stuff than we do. I'm guessing DA's don't want to complicate matters by bringing in people who had no first hand knowledge. One of my employees murdered a man and I kept expecting the cops to show up and ask me questions but they never did.
|
|
#
?
May 13, 2010 06:56
|
|
|
tishthedish posted:Sorry! Texas. Insurance adjusters in this state are scum and will lie through their teeth. Put them through the wringer.
|
|
#
?
May 13, 2010 16:47
|
|
|
Two housing questions: 1) My little brother lives in Roxbury, MA. He moved into a two-apartment dwelling with three other friends in the fall. The landlord has not been good about upkeep. The roof leaks, the windows have blown in during storms, and my brother's bedroom door has never shut completely. He had complained to the landlord in writing but nothing had been done. On Monday, they all came home from class to find that their apartment had been robbed. The front door, which never shut and locked fully, had been opened; their apartment's front door had been opened with a crowbar. They called the police who came, got evidence, have an investigation, etc, but he's looking for fair compensation from his landlord. What, if anything, can he do 2) I am moving myself to a new apartment on the other side of the Charles. The apartment is OK, but the previous tenant has been there for five years, and the place could use a cleaning. I know landlords often will hire cleaners, but this guy doesn't have a security deposit from either of us. Do I have a legal right to him hiring cleaners before we move in? Or do I just have to hope he's nice, or pay for it myself? Thanks!
|
|
#
?
May 13, 2010 19:55
|
|
|
Hello everyone, I was just the victim in a car wreck. There may be injuries involved; won't know for sure until I see a doctor tomorrow. Any recommendations on attorneys who deal with this stuff around Mesa, AZ? Thanks for reading; please warn me if I typed something dumb. spiritual bypass fucked around with this message at 08:20 on May 14, 2010 |
|
#
?
May 14, 2010 08:02
|
|
|
Petey posted:Two housing questions: Look into Kline v. 1500 Massachusetts Avenue. Where a landlord puts you in a potentially unsafe conditions and renders you unable to secure yourself (by controlling the conditions of your domicile) s/he is potentially liable in tort. Negligence is a beautiful beautiful thing.
|
|
#
?
May 14, 2010 08:50
|
|
|
JudicialRestraints posted:Look into Kline v. 1500 Massachusetts Avenue. Ok, I'll send that along. As far as I know there had not been breakins etc before but it's good to have on hand!
|
|
#
?
May 14, 2010 14:40
|
|
|
rt4 posted:Hello everyone, I was just the victim in a car wreck. The only reason you would need a lawyer is if the insurance companies don't pay up for whatever harm you've suffered, including damage to your car and any personal injuries, medical bills, etc. Wait and see for a bit.
|
|
#
?
May 14, 2010 15:03
|
|
|
So I have recently been watching some video on the 'know your rights stuff' and came across a question that isn't touched on. If I'm pulled over by a police office, and the office ask me to step out of my vehicle, do I have to comply ? Can I simply ask if he is detaining me or if I'm free to go? At this point if he is detaining me I would obviously have to get out, right? But without reason I he can't detained so what is reason and the only way for me to know if he has reason is to go back to asking if I'm being detained? Thanks in advanced!
|
|
#
?
May 14, 2010 20:39
|
|
|
sterster posted:So I have recently been watching some video on the 'know your rights stuff' and came across a question that isn't touched on. If you are pulled over by police, you are being detained and are not free to go. And yes, courts have ruled that it's perfectly acceptable for an officer to ask you to step out of your car. edit: If the officer has not reason to detain you he has no reason to pull you over.
|
|
#
?
May 14, 2010 20:51
|
|
|
sterster posted:So I have recently been watching some video on the 'know your rights stuff' and came across a question that isn't touched on. This is generally a lawful request. Pennsylvania v Mimms, 434 US 106 (1977), for passengers Maryland v Wilson, 519 US 408 (1997).
|
|
#
?
May 14, 2010 21:00
|
|
|
Offrampmotel posted:If you are pulled over by police, you are being detained and are not free to go. The point of asking "am I free to go" is not to discover if you are free to go. It's to force the officer to commit one way or the other.
|
|
#
?
May 14, 2010 23:12
|
|
|
Alaemon posted:The point of asking "am I free to go" is not to discover if you are free to go. It's to force the officer to commit one way or the other. I think that once those flashing lights come on and you're pulled over you're not going to trick the officer into saying, "Oh...never mind."
|
|
#
?
May 15, 2010 02:30
|
|
|
Offrampmotel posted:I think that once those flashing lights come on and you're pulled over you're not going to trick the officer into saying, "Oh...never mind." Haha but apparently you can influence them. I got pulled over for having a back light out and when the officer comes up and asks me if I have my stuff, I say, "I sure do!" proceed to hand him my registration and then pull my insurance card and license out of my checkbook and hand it to him. He says, "I pulled you over because your license plate lamp is out but considering this is the most organized I've ever seen someone for a traffic stop, I'm not going to worry about it." Sorry I just had to share that. I'm not saying that "Sure, officer, search my car!" is going to get you any brownie points but I've gotten out of equipment tickets on my beater just by treating cops like people. BonerGhost fucked around with this message at 02:43 on May 15, 2010 |
|
#
?
May 15, 2010 02:40
|
|
|
Offrampmotel posted:I think that once those flashing lights come on and you're pulled over you're not going to trick the officer into saying, "Oh...never mind." I didn't say it would, or that it was any kind of a trick. I'm a little baffled as to why you'd think that. A Terry stop is a presumptively brief investigative encounter premised on reasonable suspicion. Because the police officers are held to a lower standard, the degree to which they're allowed to search or seize you or your property is limited. Reviews of police actions during Terry stops are analyzed using a totality of the circumstances test -- that is, there are very few bright line rules, and you have to examine everything as a whole. If an officer says "let me run your plates and if you come up clean, you'll be free to go," it looks like your detention will be brief and within the contemplated scope of the stop-and-frisk. If an officer says "you aren't free to go until I say," then the detention looks more formal. Any reviewing court will be forced to question why, if you weren't free to leave, the officer didn't feel the need to request a warrant prior to a search, why the officer didn't feel the need to issue Miranda warnings prior to asking you a bunch of questions, etc. Making an officer commit to the formality of "you aren't free to leave," heightens the scrutiny associated with a stop. Making an officer commit to the informality of a Terry stop limits the scope of their intrusion on the defendant's Fourth Amendment rights. There's no "trick" involved, only the most rudimentary knowledge of criminal procedure.
|
|
#
?
May 15, 2010 02:49
|
|
|
e: nevermind
Offrampmotel fucked around with this message at 03:27 on May 15, 2010 |
|
#
?
May 15, 2010 03:10
|
|
|
|
| # ? May 15, 2024 18:56 |
|
|
Offrampmotel posted:I think that once those flashing lights come on and you're pulled over you're not going to trick the officer into saying, "Oh...never mind." Alaemon posted:good stuff "Am I free to go?" has more to do with defining and limiting the the end point of the encounter / seizure of your person when you've been pulled over. "Am I free to go?" will have no impact on the officer running your license and giving you a ticket. Where it comes into play is when the officer has given you your ticket and is handing your license to you and asks, "Now, you don't have anything illegal in your car, do you?" If you say, "no," the next question is, "well then, you don't mind if I search your car then, do you?" Because the traffic infraction encounter is over (he's giving you your license back) the cop can't constitutionally hold you there anymore. You've now switched to a voluntary interaction with the police officer, which provides no 4th Amendment protection. After you're arrested for those drugs in the center console, you'll have a motion to suppress the search. You will tell the Judge that the traffic stop really had not ended, because you didn't feel free to leave. The judge will ask him/herself "would a reasonable person would feel free to decline the officers' requests or otherwise terminate the encounter?"* and rule against you because it's the most rudimentary rule of criminal procedure that one is free to go after the traffic stop ends. The way to short-circuit the whole process is to get the police officer to answer the "was this person free to go?" question for the judge. The way to do this is to the ask the cop yourself. *Brendlin v. California wiki opinion, Florida v. Bostick wiki opinion
|
|
#
?
May 15, 2010 13:45
|
|