Why you should never consent to a search by a police officer
“Law and Order” episodes and old “Dirty Harry” movies would have us believe that the only reason people ever assert their 4th Amendment right to be free from unreasonable searches and seizures by the state is because they are criminals with something to hide. Police officers often ask citizens to consent to searches of their persons, vehicles or homes without probable cause to believe that a crime has been committed. A common refrain is “go ahead, I have nothing to hide.” But whether you have anything to hide or not, by waiving your right to be free from intrusive searches you are leaving yourself wide open to the kind of governmental overeaching that the constitution was designed to protect you against. The case of Elvira Zatarain is a case in point. Ms. Zatarain consented to a search of her purse after being pulled over by a Pima County Sheriff’s Deputy. The deputy found crystals that Ms. Zatarain obtained from a psychic who identified them as white quartz stones. The deputy suspected that the crystals were methamphetamine. A field test verified Ms. Zatarain’s assertion that the crystals were not an illegal substance. Ms. Zatarain was arrested and charged with a crime anyway: “possession of an imitation controlled substance”.
“Zatarain, a mother of two, was in Pima County Justice Court Thursday morning, where she was told she could plead guilty and receive a sentence of drug counseling and a $130 fine. However, she declined the offer, saying she’s never used drugs and that there was nothing sinister about the crystals.” Source: http://www.azstarnet.com/metro/308555.php
Alcohol related arrests way down at the Vue Apartments
Well, the party may not be over at the Vue Apartments in Tempe, but it has gotten a lot quieter since the recent crack down on student residents by ASU Police. According to recent reports, two Vue residents were arrested last Wednesday, and sixteen on Thursday, with no arrests over the Labor Day weekend. If you were arrested at the Vue or any other place for an alcohol related offense, see my earlier post here for some guidance: http://vigilaw.com/?p=141.
John Vigileos
Attorney at Law
(602) 443-0415
Charged with DUI or Underage Drinking Offense, Now What?
Most people charged with alcohol related offenses have no experience with the criminal justice system and have no idea what their options are. Usually, a number of vaguely articulated questions swirl through your mind as your first court date approaches: How serious is this? Will the court give me an attorney? Should I hire my own attorney? Do I have to plead guilty at the first court hearing? If I don’t plead guilty, are they going to be harder on me? Am I going to jail? The answers to these questions may vary according to the specific charges and the facts of your case. But, having an attorney on your side is always the best option, and, for those who are able, hiring a competent private attorney is your safest bet.
In all Arizona DUI cases you are entitled to a court appointed attorney if you cannot afford to hire your own attorney. In some courts, the standard practice is to provide you a waiver form to sign, giving up your right to an attorney. This is never a good idea, but many people do it because they feel confused and intimidated that exercising their rights will somehow make things harder on them. Sometimes, a court appointed attorney may seem not much better than no attorney at all, because they are invariably very busy and hard to get ahold of. Still, they are better than no attorney at all. At the very least, your court appointed attorney should be able to detect any glaring deficiencies in the State’s case against you. Rarely, however, do they have the time or resources to engage in the extensive discovery process that is necessary in order to ensure the best result in your DUI case. Also, your court appointed attorney will be strictly limited to helping you with the criminal aspect of your DUI case, but not the associated civil/administrative issues related to your driving privileges. The other common complaint with court appointed attorneys is that they are very hard to get a hold of. A full service private attorney can handle all aspects of your DUI case, including MVD administrative hearings, and should always be accessible to answer your questions. Hiring a private attorney is not always a guarantee that your case will be dismissed or that your attorney can obtain a plea agreement to something less than a DUI in all cases. A good attorney can and should thoroughly vet your case and exploit every weakness in the evidence against you, leaving no stone unturned. In many cases, this diligence can result in a dismissal, a plea agreement to a lesser offense, or an acquittal at trial, but each case will have its own issues and unique facts, and there are no guarantees. For many, just the security of having a professional attorney on your side — someone who answers your calls, walks you through the process, and buffers you against compassionless prosecutors and judges, is reason enough to justify the cost of private counsel.
Underage Drinking Offenses, such as Minor Liquor Consumption (MIC), Minor in Possession of Alcohol (MIP) are not usually as serious as a DUI offense. However, Underage Drinking and Driving carries a substantially harsher driver’s license suspension requirement than a DUI offense. Usually, you are not entitled to a court appointed attorney for these types of offenses. If you do not hire an attorney, you will be dealing directly with the prosecutor, which puts you at a distinct disadvantage — he/she knows the law and you don’t. Again, hiring a private attorney is not always a guarantee of any particular result, but a good attorney will give you the peace of mind to know that you have achieved the best result.
John Vigileos
Attorney at Law
(602) 443-0415
Arpaio’s latest “crime sweep”: we want to see your papers
Sheriff Joe Arpaio’s deputies have arrested 30 people in the most recent racial profiling patrol, involving more than 100 deputies. Half of those arrested are reported to be suspected illegal immigrants.
City councilman Michael Nowakowski told reporters that the sheriff’s deputies were pulling people over “for broken lights and stuff like that, then asking for documentation.” Ten people were arrested on Saturday at the Mercado Swap meet on suspicion of selling bootlegged CDs and DVDs.
If you are driving while Mexican be aware that Arpaio’s people will be patrolling near 35th Ave andLower Buckeye through Sunday, and will be asking you for your papers.
Source: http://www.myfoxphoenix.com/dpp/news/crime/msco_crime_sweep_09_05_2009
Fox News Video on “ASU Party Patrol”
Link here to a peice by local Fox news affilliate on reactions to the crackdown on student partying near the ASU campus.
Hundreds of suspected gang members arrested in sweeps
by Nathan Gonzalez – Sept. 3, 2009 11:00 AM
The Arizona Republic
Southeast Valley police agencies, together with state and federal authorities, arrested 271 suspected gang members and seized guns, drugs and vehicles in two gang taskforce operations.
The 17-day Operation Lone Star, which began in April and ended May 16, resulted in 144 arrests, including 64 known gang members, according to figures released this week.
The second gang taskforce, Operation Summer Surge, was held Aug. 12 to 29 and resulted in 127 arrests and the seizure of a half-pound of heroin.
Read Full Story Here: http://www.azcentral.com/community/chandler/articles/2009/09/03/20090903mr-gangarrests0904.html
ASU Students: What to do and NOT to do When Detained by Campus Police
Well, the ASU semester is in full-swing and Tempe PD is out in force. Tempe Municipal Court is being flooded with the first new wave of Underage Drinking charges — MIC, “Minor in Consumption” or “Minor Liquor Consumption”; MIP, “Minor in Possession” and Underage DUI charges. There is a common misperception, perpetuated by campus police, that the Constitution does not apply to college students on Friday and Saturday nights. If you are at a social gathering and the police detain you the ONLY information that you should provide the police before consulting an attorney is your name and state issued identification. If driving, you must also provide registration and proof of insurance.
When detained by the police, DO NOT voluntarily submit to any tests UNTIL you have been given the opportunity to call your attorney. Tell the police the following:
1) I DO NOT want to answer any questions or speak with you without my attorney present.
2) I DO NOT want to take ANY tests until I have had an opportunity to call my attorney for legal advice.
3) I WILL NOT consent to a search of my person, my car, my home, or my property.
John Vigileos
Attorney at Law
(602) 443-0415
Tempe police make 90 arrests at apartment complex near ASU
by Lily Montijo – Sept. 2, 2009 08:50 AM
The Arizona RepublicTempe police made more than 90 arrests – many for alcohol-related offenses – last Thursday and Saturday at The Vue, an apartment complex near Arizona State University.
Although the complex at Apache Boulevard and Rural Road is near the university, The Vue is privately owned and not exclusively for students, police said.
Tempe Police spokesperson Sgt. Steve Carbajal said many, but not all, of the alcohol-related charges involved underage drinking.
Read Full Article Here: http://www.azcentral.com/news/articles/2009/09/02/20090902tr-asuarrests0902-ON.html
Study: Late parole is no deterrent
Wednesday, August 26, 2009
Karen Bouffard / Detroit News Lansing Bureau
Lansing — Keeping inmates in prison past their earliest parole dates does little to reduce crime, according to a study released today by a Michigan public policy group.
The findings come as Michigan plans to parole 3,000 more felons this year than in previous years to curb rising prison costs.
The study by the nonprofit Citizens Alliance on Prisons and Public Spending followed for four years 76,721 Michigan prisoners released for the first time between 1986 and 1999 to determine whether they came back to prison for a new crime or parole violation.
Read Full Story Here: http://detnews.com/article/20090826/METRO/908260362/1409/METRO/Study–Late-parole-is-no-deterrent
