Catching 5.0 Slippin’
Among the many ways in which Black youth continue to be treated unlawfully, nothing proclaims that the constitution was not writen for us more than illegal search and seizures. Angered by my inability to protect my brother from the unreasonable treatment of police, I decided to do some reasearch. As I suspected, the police are not allowed to conduct searches at whim; the direction of these situations purely depends on the consent of the person that owns the car or lives in the house. I want to encourage my brothers and sisters to excercise their right to say no.
Only focusing on the procedures for search, it is important to remember that a police officer must have evidence that a crime has occured. When the language of the Fourth Amendment to the constitution refers to “probable cause” it requires that an officer either see something in plain sight or make an arrest. Since the latter–requisite of arrest–remains vague, here’s what I mean: “[police can search car if]it is reasonable to believe the vehicle contains evidence of the offense of arrest (meaning the police cannot search your car for weapons unless they arrested you for a violent crime or illegal weapon possession).” For more clarity, unless police officers catch you smoking a joint or shooting at someone they can’t search your car.
I would advise that everyone have an attorney that they can call in the emergency of an illegal search. Against Black youth, whom police assume are not legally literate, procedures can be done without respect to the formal guidelines; that’s why when lawyers get involved police know that they will be thoroughly audited like the IRS. Below are some Chicago attorneys that are more than happy to help defend folks convicted on the terms of an illegal search, regardless of possession. Willingness is strong because we are protected by the exclusionary rule, which renders any evidence seized by an illegal search ineffective in court. Another distinction that you must remind cops of is the difference between and pat down and a search, which this video explains. (I am not a member of the Black Nationals, I’m more interested in the info)
With all that being said I hope my brothers and sisters can mitigate their harrassment by the police. Nothing breaks my heart more than to see my beautiful people humiliated by the folks that are supposed to protect us with dignity. I love you all, so please if you have any questions or need to vent, just hit me up. Before I go, I would advise that you try to record, with your phone maybe, the conversation that takes place when a cop asks to search your car, if they don’t it only makes a bigger case.
Michael P. Schmiege Law Offices
Illinois Criminal Defense Lawyer-tells the arguments to defend marijuana allegations.