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California Constitutional Rights: Being Approached Without Probable Cause or Reasonable Suspicion Doesn?t Justify Accosting an Officer

By Walin & Klarich

Just because an Officer violates your Constitutional Rights doesn?t mean you can break the law. A California Appellate Court reasoned recently that if an officer approaches you without probable cause or reasonable suspicion and in violation of your Constitutional Rights, it doesn?t give you the right to accost or assault him or violate the law yourself. In a recent decision, the Appellate court was asked to decide whether evidence of a new crime can be suppressed pursuant to a suppression motion where the new crime was not necessarily a fruit of the unlawful stop. Facts are these: an officer, based on an anonymous tip, attempts to make contact with an individual and conduct a pat down search. Said individual instead of complying with officer?s request, becomes combative, uncooperative and ends up accosting the officer...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 06, 2009 (boomark / email).