Don’t consent to search of your car or person


Police need to have a good reason to search your car or your person.  If the police have a valid search warrant then they are allowed to search the areas that are specified in the warrant.  However, in most searches of cars and people, police don’t have a warrant because they don’t have time to get a warrant. 

If the police search a person or car without a warrant, they need a legally recognized reason to search.  If the police don’t have a legitimate reason to search, then the court may end up suppressing the evidence that was found. 

The most important thing that a suspected person can do is not to consent to any search.  A lot of people will consent to a search of their person or car because they believe they have no other choice.  What is even more astounding is that many people will consent to the search knowing that there are illegal materials in the car or on their person.

Once a person gives consent, it helps the police greatly.  When a person consents to being searched, the police no longer need a legitimate reason to search.  The police are allowed to search because the person has consented.   The police do not need to warn the suspect that he has the right to refuse to be searched.  The lesson is never consent to a search.  If the police find evidence so be it.  Don’t take away your own rights by consenting to the search and taking away your opportunity to force the police to justify their warrantless search. 

For More Information Please visit http://www.attorneychan.com or contact me at 508-808-8902

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Search of cell phone text messages without a warrant


A person has a constitutional right against unreasonable search and seizures.  Essentially every person has a right to privacy under the US constitution.  Now the right to privacy is reduced when a person is arrested or under other circumstances. 

Under these rules, police can’t randomly search people to look for drugs or evidence linking them to crimes.  Police need a legitimate reason to search a person or a warrant.  When a person is arrested, police are allowed to do an inventory of the person’s belongings.  This inventory search may lead to the discovery of illegal materials such as weapons or drugs. 

With the new world of technology, courts across the United States are trying to determine the use of warrantless search on technology.  In California, a court ruled that the police don’t need to obtain a warrant to search the text messages of a suspected drug dealer. 

In the 2007 case, the Defendant was arrested by the police on suspicion of drug dealing.  When the Defendant was arrested the police officer took the suspect’s phone out of his pocket and read the text messages without a warrant.  The court ruled that the police didn’t violate the Defendant’s constitutional right. 

States differ on this subject.  The Ohio Supreme Court ruled that arrested suspects phones can’t be searched without a warrant.  This issue is long from being resolved and may end up being reviewed and ruled on by the US Supreme Court.  Until then, it will be interesting to see how the states rule on this subject and other constitutional issues surrounding technology. 

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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Disgusting drug stories, don’t get into them or it may lead you to one of these places


We have all heard it before, drugs are bad.  Well, it isn’t easy for most people to grasp exactly how bad they really are.  I am not here to preach, but here are a few gross drug user stories I have come across my travels.

I have always found it odd how people can insert a needle into their arm while using heroin.  Seeing that most people are afraid of needles, how can someone constantly volunteer their arm to that torture?  From my travels I have heard that heroin is usually the drug of last resort.

It runs cheaper than other drugs and works quicker.  However, the downsides are huge.  The using of unclean and shared needles have many people contracting different diseases.  A lot of drug users will have hepatitis, HIV, and other horrible diseases.  In one of the worse cases I have seen, a girl had sores all over her body including her face.  Everyday, the sores would bleed and she would look like a bloody pulp.

I hear that Meth users take the drug and rub it across their gums.  As the drug comes in contact with the gum line, it starts rotting the teeth out from the roots.  As a result, a meth user’s teeth will fall out.

Finally, heroin is truly a horrible drug.  Aside from the diseases and bloody sores that come from that, some users will do anything to continue their habit.  One probation officer said that many users will go to extremes to hide their habits from authorities.  Many people will insert the needle between their toes to hide the marks that the needles make.  Females have been known to stick the needle underneath their finger nails then put on nail polish.  Finally, one of the worst stories I have heard, is that of a man who inserted heroin into his own male body part because that was the only good vein left on his body.

As I have heard one person say, the best thing is to never try drugs.  You may like it too much that one time and it may be impossible to stop.

Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan

 

Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information:

http://www.drugabuse.gov/infofacts/treatmeth.html

http://www.adcare.com/

http://www.theagapecenter.com/Treatment-Centers/Massachusetts.htm

http://www.recoveryconnection.org/find_drug_rehab/Massachusetts.php

http://www.treatment-centers.net/treatment-directory/massachusetts.html



For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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Commitment of alcohol or substance abusers: Section 35


A section 35 is a civil commitment of a person that is having alcohol or substance abuse issues.  This is how it works.  There is a person who is abusing drugs or alcohol.  A family member, police officer, guardian or court official petitions the court to section the individual, which means to detain and send the abuser to a treatment facility.  The court has a doctor talk to the abuser and to give an opinion to the court about the severity of the abuser’s condition.  The court rules on whether the person should be detained for treatment. 

 Now an abuser can voluntary agree to be sectioned and go to a treatment center up to 30 days or an abuser could fight the petition.  If the drug or alcohol abuser agrees to voluntary go to treatment, and then the court will usually send that person to treatment.  If the abuser doesn’t want to be committed, the abuser is afforded a hearing. 

 In a hearing, the abuser has the right to be represented by a lawyer.  The court will hear from the doctor and usually the petitioner.  The lawyer is usually allowed to question the doctor.  In order to hold an abuser and force them to go into treatment, the court needs to find that the drugs or alcohol either substantially injure the abuser’s health, interferes with his social or economic functioning or has lost the power of self control over use of drugs or alcohol. 

 Now if after the hearing, the judge finds that “there is a likelihood of serious harm as a result of his alcoholism or substance abuse, it may order such person to be committed for a period not to exceed thirty days” (M.G.L Ch. 123 sec. 35). The person is usually then sent to Bridgewater for treatment and can’t be held for more than 30 days.  The state does encourage Bridgewater to allow people to voluntarily stay after the 30 days is up for treatment. 

 Interes9ted twitter followers please visit- twitter: http://twitter.com/AttorneyChan

Interested in becoming a Facebook fan please visit http://www.facebook.com/home.php#/pages/Boston-MA/Law-offices-of-Attorney-Jason-Chan/101494423854?ref=sgm

For more information:

http://www.mass.gov/legis/laws/mgl/123-35.htm

Institute of Health and Recovery

http://www.healthrecovery.org/about_us/history/section_35.asp

Men’s Addiction Treatment Center

http://www.helpline-online.com/helplinesearch.aspx?pageid=providerdetail&pid=2818944&pl=helpline

For more information: visit http://www.attorneychan.com or contact me at 508-808-8902

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