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Interacting with police officers can be a stressful and unsettling experience, especially when you’re unsure of your rights. Many individuals, both in Dekalb County and across the country, often feel confused when questioned by police officers or when the police attempt to search their property or belongings. This uncertainty arises from a lack of knowledge about personal rights during encounters with law enforcement.

Citizens are protected by the Fourth Amendment against unlawful searches and seizures. This blog explains your rights if stopped by police in your vehicle or if an officer attempts to search your body, car, or home without a warrant.

Your Freedom to Refuse a Search Without a Warrant

When a police officer attempts to search you or your property, the first question you should ask is: “Do you have a warrant?” In most cases, police officers are required to have a valid search warrant to conduct a search of your person or property. Without this, any search or seizure could be deemed unlawful, and any items found could potentially be suppressed in court through a motion to suppress filed by the defense.

When Can Police Search You Without a Warrant?

Here are a few circumstances when police officers can conduct a search without a warrant:

Search Incident to Arrest

The most common scenario where a search can occur without a warrant is when a person is arrested. This is known as a search incident to arrest. When an individual is arrested, the officer is allowed to search the person to remove any weapons or contraband that may be used to resist arrest or escape. This applies even if a significant amount of time has passed since the arrest or processing, as highlighted in in Barrera-Palamin v. State, 250 Ga. App. 580 (2001).

However, a search cannot happen before an arrest and be used as justification for the arrest itself, as seen in Smith v. Ohio, 494 U.S. 541 (1990).

Vehicle Searches

Under both the Georgia Constitution and the Fourth Amendment of the U.S. Constitution, police may search a vehicle without a warrant if the driver has been arrested. This is based on the idea that law enforcement has a legitimate need to secure any weapons or evidence that may be in the vehicle. However, if the officer only issues a citation without making an arrest, they cannot search the vehicle. This is made clear in Knowles v. Iowa, 525 U.S. 113 (1998).

Abandonment of Property

If you relinquish control or ownership of an item, such as a vehicle, police can search it because you no longer have an expectation of privacy. In Gresham v. State, 204 Ga. App. 540  (1992), it was ruled that if you abandon your property, you lose the right to object to a search.

Denial of Ownership

If you deny ownership of an item, such as when you refuse responsibility for an item in your possession, you lose the expectation of privacy over it. Police may search the item without violating your rights. This was affirmed in Deych v. State, 188 Ga. App. 901 (1988).

Plain View Doctrine

If police are lawfully present in an area and see evidence of a crime in plain view, they can seize it without a warrant.

Exigent Circumstances

In urgent situations, such as when there’s a risk of evidence being destroyed or a suspect fleeing, police can conduct a search without a warrant.

Stop and Frisk

If a police officer has reasonable suspicion that a person is armed and dangerous, they can stop and frisk the individual for weapons.

Border and Airport Searches

Searches that take place at the airport or at the borders may not require a warrant

Consent

If you give an officer permission to search your property, they will. They do not need a warrant after you give them permission to search your property.

Special Considerations for Cell Phones

If you are arrested and have a cell phone in your possession, it’s important to know that police cannot search the contents of your phone without a warrant. The U.S. Supreme Court’s decision in Riley v. California, 573 U.S. 373 (2014) ruled that police must obtain a warrant before accessing the contents of a cell phone, as it contains personal and private information.

Consequences of a Conviction

It is important to understand the potential consequences of being convicted of a crime. Your rights during a police stop or search are crucial to ensuring that your case is handled fairly. If you believe your rights have been violated during a police interaction, it’s important to seek legal advice immediately and contact us.

Remember, if you ever feel unsure about your rights or how to handle a situation with law enforcement, don’t hesitate to reach out for assistance. We are here to help you navigate these challenging moments 24/7.

The Clayton County Pre-Trial Intervention and Diversion Program (also known as PIDP) is a program offered in Clayton County to offer an alternative to the traditional prosecution process. The Clayton County PIDP purpose is to deter future criminal behavior, monitor offenders from arrest through final case disposition, minimize loss to victims through payment of restitution by offenders, and to reduce the number of non-violent cases so that county resources can be used to prosecute more severe crimes.

The best part about Clayton County PIDP is that defendants who successfully complete the program will have their case dismissed. Your criminal record will also be restricted so that any criminal charges will not show up on background checks.

Certain types of defendants are eligible for participation in the Clayton County PIDP. At a minimum, defendants must have minimal felony nonviolent charges and minimal prior misdemeanor convictions. Additionally, participants must have never participated in a diversion program before and be able to pay any restitution.

Cases like drug possession, theft, or shoplifting are often offered participation in PIDP if it is a defendant’s first offense. If you have been charged with a non-violent offense in Clayton County, it is important that you hire a lawyer that is familiar with PIDP and would be able to negotiate that resolution to your case. Please call our office at 404-581-0999 for a free consultation and to see if PIDP might be a great option for you.

Milton, Georgia is home to the Milton Municipal Court where the city prosecutes DUI, traffic, marijuana, and City Ordinance cases made by the Milton Police Department. Milton Municipal Court is located at 13690 GA-9, Milton, Georgia.

One of the most common cases we see in Milton are DUIs (O.C.G.A. § 40-6-391). In Georgia, DUI can be charged in either two ways. Driving under the Influence Per Se means the State is charging the individual with being over the .08 legal limit for drivers over 21 years old. (It is a .02 legal limit for DUI cases involving drivers under 21).

The second way a DUI can be charged is DUI Less Safe. Under Georgia law, DUI Less Safe means the person is accused of driving under the influence to the extent they were a less safe driver. We see DUI Less Safe cases where there is no chemical test, or where there is a chemical test but it is below the legal limit.

There are numerous defenses to DUI to be explored and raised. A skilled DUI defense attorney must fiercely evaluate and raise issues starting at the purpose of the stop and ultimately the probable cause in making the arrest. Factors to be assessed are the performance of field sobriety tests if any were conducted, the lack of odor or admissions, and the driving that was observed. Additionally, the Implied Consent portion of the DUI case is highly relevant in DUI defense because in order for the chemical test to be admissible in Court, the proper Implied Consent must be read after arrest, and there must be true knowing and voluntary consent to submit to the chemical test. Under Georgia law, mere acquiescence to authority is not voluntary consent. It should be noted that any refusal to submit to breath testing following an arrest is deemed inadmissible evidence given the Georgia Constitution gives the right to decline incriminatory acts. This law was clarified and confirmed in Elliott v. State, 305 Ga. 179 (2019).

In all first DUI cases, the mandatory minimum sentence is 24 hours in jail, 12 months on probation, a $300.00 fine plus court costs (nearly doubles it), 40 hours of community service, a Risk Reduction course, and an alcohol and drug evaluation and treatment if deemed necessary, and a Victim Impact Panel. The maximum sentence is 12 months in jail. On a second, or third DUI in 10 years, the jail time is increased, as well as the fines and the community service.

Remember that DUI is a misdemeanor crime that goes onto your criminal history. In Georgia, DUI can never be expunged or restricted, and thus a DUI conviction will remain on your history forever.

A DUI charge also has intense license repercussions.  If there is a refusal on the chemical test, the Officer can suspend your license for at least a year. This must be challenged within 30 days of your arrest, so time is of the essence in DUI cases. Depending on what else the individual is charged with, and how many prior DUIs he or she has, it is possible a DUI conviction could lead to a 5-year habitual violator suspension. There are ways to avoid the license suspensions associated with DUIs but there are only 30 days to file the appeal or to elect for an ignition interlock permit.

The options in Milton Municipal Court are to enter into pretrial negotiations with the goal of avoiding the harsh consequences of a DUI, or to enter a Not Guilty plea and send the case to the Fulton County State Court where motions and a trial can occur. As experienced DUI lawyers practicing in Milton and Fulton County regularly, we have the skill and knowledge to accomplish your goals. We are trial lawyers constantly staying on top of DUI law. If you or a loved one has been charged with DUI in Milton or Fulton County, call us now for a FREE CONSULTATION at 404-581-0999.

Interacting with police officers can be a stressful and unsettling experience, especially when you’re unsure of your rights. Many individuals, both in Fulton County and across the country, often feel confused when questioned by police officers or when the police attempt to search their property or belongings. This uncertainty arises from a lack of knowledge about personal rights during encounters with law enforcement.

Citizens are protected by the Fourth Amendment against unlawful searches and seizures. This blog explains your rights if stopped by police in your vehicle or if an officer attempts to search your body, car, or home without a warrant.

Your Freedom to Refuse a Search Without a Warrant

When a police officer attempts to search you or your property, the first question you should ask is: “Do you have a warrant?” In most cases, police officers are required to have a valid search warrant to conduct a search of your person or property. Without this, any search or seizure could be deemed unlawful, and any items found could potentially be suppressed in court through a motion to suppress filed by the defense.

When Can Police Search You Without a Warrant?

Here are a few circumstances when police officers can conduct a search without a warrant:

Search Incident to Arrest

The most common scenario where a search can occur without a warrant is when a person is arrested. This is known as a search incident to arrest. When an individual is arrested, the officer is allowed to search the person to remove any weapons or contraband that may be used to resist arrest or escape. This applies even if a significant amount of time has passed since the arrest or processing, as highlighted in in Barrera-Palamin v. State, 250 Ga. App. 580 (2001).

However, a search cannot happen before an arrest and be used as justification for the arrest itself, as seen in Smith v. Ohio, 494 U.S. 541 (1990).

Vehicle Searches

Under both the Georgia Constitution and the Fourth Amendment of the U.S. Constitution, police may search a vehicle without a warrant if the driver has been arrested. This is based on the idea that law enforcement has a legitimate need to secure any weapons or evidence that may be in the vehicle. However, if the officer only issues a citation without making an arrest, they cannot search the vehicle. This is made clear in Knowles v. Iowa, 525 U.S. 113 (1998).

Abandonment of Property

If you relinquish control or ownership of an item, such as a vehicle, police can search it because you no longer have an expectation of privacy. In Gresham v. State, 204 Ga. App. 540  (1992), it was ruled that if you abandon your property, you lose the right to object to a search.

Denial of Ownership

If you deny ownership of an item, such as when you refuse responsibility for an item in your possession, you lose the expectation of privacy over it. Police may search the item without violating your rights. This was affirmed in Deych v. State, 188 Ga. App. 901 (1988).

Plain View Doctrine

If police are lawfully present in an area and see evidence of a crime in plain view, they can seize it without a warrant.

Exigent Circumstances

In urgent situations, such as when there’s a risk of evidence being destroyed or a suspect fleeing, police can conduct a search without a warrant.

Stop and Frisk

If a police officer has reasonable suspicion that a person is armed and dangerous, they can stop and frisk the individual for weapons.

Border and Airport Searches

Searches that take place at the airport or at the borders may not require a warrant

Consent

If you give an officer permission to search your property, they will. They do not need a warrant after you give them permission to search your property.

Special Considerations for Cell Phones

If you are arrested and have a cell phone in your possession, it’s important to know that police cannot search the contents of your phone without a warrant. The U.S. Supreme Court’s decision in Riley v. California, 573 U.S. 373 (2014) ruled that police must obtain a warrant before accessing the contents of a cell phone, as it contains personal and private information.

Consequences of a Conviction

It is important to understand the potential consequences of being convicted of a crime. Your rights during a police stop or search are crucial to ensuring that your case is handled fairly. If you believe your rights have been violated during a police interaction, it’s important to seek legal advice immediately and contact us.

Remember, if you ever feel unsure about your rights or how to handle a situation with law enforcement, don’t hesitate to reach out for assistance. We are here to help you navigate these challenging moments 24/7.

Below are common conditions that may be imposed as part of a sentence: 

1. Jail or Prison Time: In cases of misdemeanor battery, the defendant may face up to one year in jail, but this is uncommon. We usually do not see additional custody time in a sentencing, unless there are aggravating factors, such as prior convictions, a use of a weapon, or severe injuries to the victim. 
2. Probation: In some cases, the defendant may be sentenced to probation instead of, or in addition to, jail time. Probation typically lasts for a set period , usually for 1 year, and include regular meetings  with a probation officer. 
3. Domestic Violence Education or Counseling: Georgia requires defendants convicted of family violence to attend mandatory counseling or a domestic violence intervention program. This is called “FVIP” or Family Violence Intervention program and usually lasts for 24 weeks. 
4. Anger Management Classes: Anger management may be a condition of probation or sentencing to address emotional regulation issues. 
5. Restraining Orders/Protective Orders: A restraining or protective order may be issued, prohibiting the defendant from contacting or going near the victim. Violating such orders can result in additional criminal charges. There are usually two different orders: no contact and no violent contact. No contact means you cannot contact the victim either physically, online, over the phone, through the mail, from across the street, etc.  
6. Community Service: You may be required to perform community service. 
7. Fine or Restitution: You may be ordered to pay a fine as part of the sentence, and may also be required to pay restitution to the victim for medical bills, lost wages, or property damage. 
8. Alcohol/Drug Testing and Treatment: If alcohol or substance abuse is found to be a factor in the offense, the court may require the defendant to undergo alcohol or drug testing and possibly attend rehabilitation after undergoing a substance abuse evaluation. 
9. Firearm Restrictions: You may lose the right to possess firearms, either permanently or for a set period of time. 

It is important to understand potential consequences if you’re convicted of a crime. We’re here to help 24/7. Call us today.