Auto stops form the basis of motions to suppress that are litigated every day in the District and Superior Courts throughout the Commonwealth. Challenges to police conduct occur in a wide variety of circumstances. Defense attorneys and prosecutors argue the competing interests of personal privacy versus the state's interest in ensuring safety, the result of which determines whether evidence is suppressed or admitted into evidence.
The outcome of this litigation always involves the application of law to the individual facts surrounding each stop. This program is intended to be a practical discussion of the police/citizen contact and is designed to help defense counsel and prosecutors prepare, research, and litigate these motions effectively. While no mechanical rule can be applied to the numerous motor vehicle stops that occur throughout this Commonwealth, the body of law that has been developed does sketch guidelines that assist the defense in analyzing the lawfulness of the police intrusion into a motorist's rights. This nuts-and-bolts discussion benefits the experienced practitioner and those beginning a practice in criminal law litigation. The experienced panel of experts teaches you how to argue and prepare for the following issues, among others: whether a stop occurred, and whether it was reasonable; whether the demand for license and registration is permissible; under what circumstances exit orders are lawful; and what facts are necessary before a "pat frisk" may be conducted.
Agenda:
- When a Defendant Has a "Privacy Interest"
- Applying the "Best Evidence" Rule to Your Client's Advantage
- The Restraints Placed Upon Police in Conducting Inventory Searches
- Standing to Challenge a Stop, and the Rights of Passengers
- Permissibility of Interior or Trunk Searches
- The Legal Framework of the "Automatic Standing" Rule
- Recent Case Law States Concerning Exit Orders
- Recent Developments in Drug Searches, Including Canine Searches, and Facts that Support a Drug Search Based on Police Observations
- Factors to Consider in an OUI Stop
- If a Post Arrest Search Is Lawful as an "Inventory"
- Suppressing Pre-Miranda Statements
- Concerns Arising from Roadside Field Sobriety Checkpoints
- Suppression of Searches in Violation of Written Protocol
- "Ask the Experts" Q&A Session
This program is not available for CLE credit.
If you intend to take a course for CLE credit, please make sure your state is listed in the "Accreditation" section to the upper right of the program description. Accreditation displayed is unique to the purchased program format (live conference, live webcast, on demand, podcast). Credit totals listed for live conferences are the maximum credits available. Credits issued will be based upon actual time in attendance. Credit totals for other formats are for complete programs. Partial credit is not available for any online or downloadable format.
West LegalEdcenter will not provide accreditation for states not listed.
This product is intended for individual use by the named purchaser. Group viewings for online programs may be arranged for five or more attorneys within the same organization prior to viewing by emailing sales@westlegaledcenter.com.
