T. charles Shafer Attorney At Law PLLC.

Fleeing On Foot Negates Constitutional Protections

If you flee on foot after being stopped by law enforcement, know that anything you dispose of (‘abandon”) will be able to be used against you, because you lose the right to challenge the constitutionality of the stop and seizure of your person.  This is a direct result of your flight.  Thus, even if the initial stop is deemed unconstitutional, you lose constitutional protections, so that evidence otherwise inadmissible will now be used against you.

For example, you are in a car that is stopped by police looking for someone. The car’s description given to police is so vague as to inadequate to allow them to pull over the car you are riding in.  It is so unspecific that ultimately the stop will be considered a constitutional violation.  However, upon stopping, you open the car door and run away, dropping an ounce of marijuana on the ground before you are apprehended.  Know that, had you stayed put and kept your mouth shut, chances were extremely favorable for having the drug charge thrown out completely; however, you lost your constitutional protections to be free from unreasonable search and seizure by your flight, so that the cop who gives chase and who watches you drop the bag will be able to tell the jury all about it.  The jury also will be able to see the bag and its contents when it is introduced by the prosecution as evidence against you in court.

The moral is to stay put and stay quiet. Be respectful, but always ask for an attorney the first chance you get, and continue to ask for an attorney whenever any law enforcement officer attempts to question you.

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Criminal Defense & Family Law Attorney, Charles Shafer helps clients facing criminal charges and family law issues throughout the state of FL. Call NOW for a Free* Initial Consultation