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Cal.3d: Asserting Fourth Amendment rights cannot be used against the accused

By John Wesley Hall, Jr.

"The invocation of Fourth Amendment rights cannot be used to show guilt," but it can be harmless error. People v. Garcia, 2009 Cal. App. LEXIS 332 (3d Dist. February 25, 2009). It was reasonable to delay the execution of a search warrant for defendant's premises for safety concerns by waiting until he drove away. He was watched and stopped away from the house, and there was probable cause as to his vehicle, too. Merriel v. State, 2009 Fla. App. LEXIS 1988 (1 DCA March 13, 2009).* Defendant was stopped for a lane change violation, and the officer could smell both raw and burnt marijuana when the car was stopped. That justified a further detention for a drug dog. Jackson v. State, 2009 Ga. App. LEXIS 272 (March 11, 2009).* During a traffic stop, the officer smelled the overpowering smell of cologne...continue to full post

Full post as published by Fourth Amendment on March 15, 2009 (boomark / email).