This is the second of two blogs discussing the law of Child Support in Alabama. In the last blog, I addressed six of the most commonly asked questions I hear concerning child support. As promised, here are six more.
7) How long am I required to pay Child Support? A child support obligation terminates upon the occurrence of one of three events: 1) the child reaching the age of majority - 19; 2) the child's emancipation through a court determination or marriage; or 3) the child's becoming self-supporting.
8) Can I be required to pay Child Support for time before my Court date? Yes. Once you are the legal parent of a minor child, you have a duty to support. The Court may order retroactive support for that time period.
9) Can I be required to pay Child Support beyond the child's reaching the age of majority, that is, beyond the child's nineteenth (19th) birthday? Yes. Alabama Courts have jurisdiction to order divorced parents to pay post-minority support their child in either of two circumstances: 1) when the child suffers from a pre-majority disability that prevents self-support; or 2) to provide assistance to children for educational purposes.
10) Can the Court take Child Support payments out of my paycheck, that is, can my wages be "garnished"? Yes. The law allows for this, however, it is not always required.
11) What happens if I do not pay Child Support? The owed support continues to add-up forming what is referred to as an arrearage. The arrearage draws simple interest at 12% per annum. The custodial parent can bring this issue to the attention of the Court by filing a petition for contempt. Oftentimes, the Department of Human Resources will assist the custodial parent in this endeavor. Also, the law allows for DHR to seek to suspend the driver's license of the payor. Finally, the Court may find the payor to be in contempt of the order to pay child support; this finding can result in jail time. I advise you retain a competent child support attorney if you face any of these issues.
12) I've got Court coming up regarding my paternity of a child and/or the possible payment of child support and/or my failure to pay ordered support. Do I need an attorney? YES!!! The money you spend on an attorney will be drastically less than the money you may end up paying if the child support figure is computed incorrectly or your rights are not protected. And know this: DHR will not care about your financial situations or how much you should pay. They will attempt to secure as high of a payment for their client as possible. So, YES, you need a Child Support Attorney.
Of course, if you face any issues surrounding child support, please don't hesitate to contact me. My best.
Saturday, February 18, 2012
Saturday, July 2, 2011
Child Support - Part I: Six Questions, Six Answers
After a rather lengthy sabbatical from Southern Justice, I'm back. As a Child Support Lawyer, child support is a frequent and complicated issue that I see on a weekly basis, usually in the context of a divorce. In Part I of this two part series, I've addressed six of the twelve most commonly asked questions I hear about child support.
1) Is Child Support (CS) mandatory? That is, do I have to pay CS? Yes*. Alabama law is very clear -- a parent has a duty to support his or her minor child. But, see question two below.
2) Can the parents (or parties) agree that no CS should be paid? Yes. But, a Court must approve such an agreement. There are numerous cases each year where the parents have made some agreement years ago that no CS will be paid. Then, something goes wrong and the parent entitled to receive CS for the child goes to Court. The earlier agreement is worthless and invalid and, most times, the parent who should have been paying CS is required to pay thousands to "catch-up."
3) How is the amount of CS that I or the child's other parent owes determined? Rule 32 of the Alabama Rules of Judicial Administration notes and explains the Child Support Guidelines. These guidelines list the factors the Court must consider (mostly income and the number of children) in determining how much CS is due.
4) How long do I have to pay CS? Normally, there are three ways a CS obligation is terminated: (1) the child reaches the age of majority, (2) the child is emancipated through marriage or judicial determination, or (3) the child becomes self-sufficient. However, a Court may order continued support once a child reaches the age of majority (if unmarried) under two circumstances: (1) for education purposes (college) or (2) a disability which renders the child incapable of self-support.
5) Can my record of paying CS impact my ability to have custody or visitation with my child? Yes, this is common sense -- if you have not provided for the child, why would the court believe it is in the best interests of the child to be with you?
6) Can a CS order (stating how much I owe each month) be modified or changed later on? Yes, a CS award is always subject to change. Two reasons will justify a change: (1) the changed needs of the child or (2) the ability of the parents to pay the CS changes.
This is, of course, a cursory examination of these CS issues. For more information, please contact me. And, look for Part II of this series soon. My best.
1) Is Child Support (CS) mandatory? That is, do I have to pay CS? Yes*. Alabama law is very clear -- a parent has a duty to support his or her minor child. But, see question two below.
2) Can the parents (or parties) agree that no CS should be paid? Yes. But, a Court must approve such an agreement. There are numerous cases each year where the parents have made some agreement years ago that no CS will be paid. Then, something goes wrong and the parent entitled to receive CS for the child goes to Court. The earlier agreement is worthless and invalid and, most times, the parent who should have been paying CS is required to pay thousands to "catch-up."
3) How is the amount of CS that I or the child's other parent owes determined? Rule 32 of the Alabama Rules of Judicial Administration notes and explains the Child Support Guidelines. These guidelines list the factors the Court must consider (mostly income and the number of children) in determining how much CS is due.
4) How long do I have to pay CS? Normally, there are three ways a CS obligation is terminated: (1) the child reaches the age of majority, (2) the child is emancipated through marriage or judicial determination, or (3) the child becomes self-sufficient. However, a Court may order continued support once a child reaches the age of majority (if unmarried) under two circumstances: (1) for education purposes (college) or (2) a disability which renders the child incapable of self-support.
5) Can my record of paying CS impact my ability to have custody or visitation with my child? Yes, this is common sense -- if you have not provided for the child, why would the court believe it is in the best interests of the child to be with you?
6) Can a CS order (stating how much I owe each month) be modified or changed later on? Yes, a CS award is always subject to change. Two reasons will justify a change: (1) the changed needs of the child or (2) the ability of the parents to pay the CS changes.
This is, of course, a cursory examination of these CS issues. For more information, please contact me. And, look for Part II of this series soon. My best.
Tuesday, February 22, 2011
Divorce - Understanding the Options
Divorce, like marriage, is a part of life. And, though it usually has unavoidable side-effects and consequences, the act of ending a marriage is often the healthiest solution for all parties involved. When a married couple is contemplating terminating their marriage, I believe there are several options they should consider.
Five Options: Voluntary Separation, Legal Separation, Uncontested Divorce, Contested Divorce, and Collaborative Divorce.
Voluntary Separation - When husband and wife decide to split up without taking any sort of legal action, they are said to be voluntarily separated. This simply means that they have decided to live apart for the time being. They are still married with each and every right that goes along with the legal union.
Legal Separation - Almost no one is aware that Alabama offers an alternative to divorce that allows the parties to live apart, to divide property, to determine custody of the children, and to allocate child support and alimony, without actually ending their marriage. A legal separation basically does all of the same things as a divorce but does not terminate the marriage. It allows the couple time and space to reflect on their relationship and whether the possibility of reconciliation exists. If not, a divorce is an easy next step - the court may simply incorporate the rules that governed the separation.
Uncontested Divorce - Often times, both husband and wife realize their marriage is over. Instead of sadness, they feel a sense of relief that they are ending a relationship that has caused themselves and the other distress and harm. There is no feuding or fighting, just a desire to end the marriage. If both husband and wife agree about how their property should be divided, how their marital debt should be allocated, how custody should be allocated, and so on, an uncontested divorce is possible. There are several benefits to this type of divorce. It's quick. It's relatively inexpensive ($650 + filing fees). It's easy on the parties.
Contested Divorce - When the parties do not agree, when one person does not want a divorce and one does, or when both parties feel the need to protect their interests and each hire a lawyer, the divorce is contested. In essence, this means the process of ending the marriage will be long and drawn out, sometimes nasty, and more than likely expensive ($2,000 retainer).
Collaborative Divorce - Divorce decrees issued by trial judges often leave one side unhappy. The process of collaborative divorce arose to allow both parties to work together to reach an amicable settlement. The process works by utilizing lawyers and family professionals and counselors in an effort to help the husband and wife decide what each truly wants and is willing to compromise on. This avoids the uncertainty of allowing a trial judge to decide. Collaborative divorce is still a growing phenomenon.
Trust this helps answer some basic questions you may have. If not, don't hesitate to contact Jonathan D. Watson, Decatur and Huntsville divorce lawyer. And, as always, my best.
Five Options: Voluntary Separation, Legal Separation, Uncontested Divorce, Contested Divorce, and Collaborative Divorce.
Voluntary Separation - When husband and wife decide to split up without taking any sort of legal action, they are said to be voluntarily separated. This simply means that they have decided to live apart for the time being. They are still married with each and every right that goes along with the legal union.
Legal Separation - Almost no one is aware that Alabama offers an alternative to divorce that allows the parties to live apart, to divide property, to determine custody of the children, and to allocate child support and alimony, without actually ending their marriage. A legal separation basically does all of the same things as a divorce but does not terminate the marriage. It allows the couple time and space to reflect on their relationship and whether the possibility of reconciliation exists. If not, a divorce is an easy next step - the court may simply incorporate the rules that governed the separation.
Uncontested Divorce - Often times, both husband and wife realize their marriage is over. Instead of sadness, they feel a sense of relief that they are ending a relationship that has caused themselves and the other distress and harm. There is no feuding or fighting, just a desire to end the marriage. If both husband and wife agree about how their property should be divided, how their marital debt should be allocated, how custody should be allocated, and so on, an uncontested divorce is possible. There are several benefits to this type of divorce. It's quick. It's relatively inexpensive ($650 + filing fees). It's easy on the parties.
Contested Divorce - When the parties do not agree, when one person does not want a divorce and one does, or when both parties feel the need to protect their interests and each hire a lawyer, the divorce is contested. In essence, this means the process of ending the marriage will be long and drawn out, sometimes nasty, and more than likely expensive ($2,000 retainer).
Collaborative Divorce - Divorce decrees issued by trial judges often leave one side unhappy. The process of collaborative divorce arose to allow both parties to work together to reach an amicable settlement. The process works by utilizing lawyers and family professionals and counselors in an effort to help the husband and wife decide what each truly wants and is willing to compromise on. This avoids the uncertainty of allowing a trial judge to decide. Collaborative divorce is still a growing phenomenon.
Trust this helps answer some basic questions you may have. If not, don't hesitate to contact Jonathan D. Watson, Decatur and Huntsville divorce lawyer. And, as always, my best.
Saturday, February 5, 2011
"You're Fired!!" Can You Sue Your Employer?
Probably not, but maybe. Here's Southern Justice's take: Alabama follows what is labeled the doctrine of at-will employment. At-will employment simply means that your employer can fire you for a good reason, any reason, or no reason at all. Your employer, by the same token, will not be able to sue you for taking a job with their strongest competitor or retiring to the beach. Essentially, you can leave your job any time without worrying about being sued, and your employer can leave you without worrying about being sued. There are, however, actions that an employee and employer can take that can alter the at-will status.
First, if you and your employer have signed an employment contract, then you both are bound by the terms of the contract. For an example, think of college football head coaches. Except for former University of Alabama head football coach Mike Price, they always sign employment contracts and are never employed at-will. In Alabama, the employment contract must also be in writing.
Another way to alter the at-will status is to be part of a union. You could think of unions as simply an employment contract between a lot of workers and their employer. The contract itself is called a collective bargaining agreement. In the union context, the collective bargaining agreement governs the employment status of the workers, and union workers typically cannot be fired for just any reason at all. The idea is that there is bargaining power in numbers, and that idea certainly holds true for union workers.
Outside of some sort of contractual agreement, most Employee protections come from laws passed by the federal government, and the federal government has passed several of them. Here are a few: You cannot be fired because you become pregnant or are pregnant. You cannot be fired, demoted, or not promoted because of your sex, race, religion, or national origin (discrimination). You cannot be harassed because of your sex (sexual harassment). If you work more than 40 hours a week, you must be paid overtime at a rate of 1.5 times your regular rate. You must be paid for the hours you work, and you must be paid a minimum wage for those hours worked. Your employer cannot label you "salary" just to avoid paying you overtime. You cannot be fired, demoted, or not promoted if you are "regarded as" having a disability. Your employer cannot retaliate against you for attempting to enforce any of these rights. These are the employee protections that employers most frequently violate, but there remain more federally protected worker rights.
Bottomline: Unless you have signed an employment contract, are a member of a union, or have been fired, demoted, or not promoted because of one of the reasons listed above, then you will not be able to sue your employer. However, if you believe that your employer has taken an adverse employment action against you or wrongfully terminated your employment, call a Watson & Davis employment lawyer today for a free consultation to discuss your rights.
First, if you and your employer have signed an employment contract, then you both are bound by the terms of the contract. For an example, think of college football head coaches. Except for former University of Alabama head football coach Mike Price, they always sign employment contracts and are never employed at-will. In Alabama, the employment contract must also be in writing.
Another way to alter the at-will status is to be part of a union. You could think of unions as simply an employment contract between a lot of workers and their employer. The contract itself is called a collective bargaining agreement. In the union context, the collective bargaining agreement governs the employment status of the workers, and union workers typically cannot be fired for just any reason at all. The idea is that there is bargaining power in numbers, and that idea certainly holds true for union workers.
Outside of some sort of contractual agreement, most Employee protections come from laws passed by the federal government, and the federal government has passed several of them. Here are a few: You cannot be fired because you become pregnant or are pregnant. You cannot be fired, demoted, or not promoted because of your sex, race, religion, or national origin (discrimination). You cannot be harassed because of your sex (sexual harassment). If you work more than 40 hours a week, you must be paid overtime at a rate of 1.5 times your regular rate. You must be paid for the hours you work, and you must be paid a minimum wage for those hours worked. Your employer cannot label you "salary" just to avoid paying you overtime. You cannot be fired, demoted, or not promoted if you are "regarded as" having a disability. Your employer cannot retaliate against you for attempting to enforce any of these rights. These are the employee protections that employers most frequently violate, but there remain more federally protected worker rights.
Bottomline: Unless you have signed an employment contract, are a member of a union, or have been fired, demoted, or not promoted because of one of the reasons listed above, then you will not be able to sue your employer. However, if you believe that your employer has taken an adverse employment action against you or wrongfully terminated your employment, call a Watson & Davis employment lawyer today for a free consultation to discuss your rights.
Tuesday, January 18, 2011
Do I Need a Will?
I'm thirty-two, in decent shape, and I eat well - most of the time. I'm not planning on dying any time soon, and, at Southern Justice, we prefer not to dwell on depressing topics. But, I recognize, as do almost all of us, that my days are numbered. Despite the melancholy nature of the subject, planning for the future is vital. All of us need to do it. Clients and friends often ask about wills for their parents or grandparents and are surprised when I inquire about their own will. The reaction usually goes like this - "I'm only [twenty-something]. I need a will?!"
The answer is "It depends." It depends on what you have, what you own, and what you want to do with it. If you don't own anything, then a will should not be a priority for you. But, if you own a home, a car, have children, large amounts of savings, then it's a good idea - if not a moral imperative - to see an estate planning attorney and craft an individualized will. However, even if you depart this world will-less, state intestacy laws will distribute your property and estate according to a hierarchical order of family and relatives (but note - rarely does intestacy result in the type of distribution most of us want).
Having qualified the need for a will, there are two documents EVERYONE should have: an Advance Directive and a Durable Power of Attorney. An Advance Directive (aka, Living Will) allows you to dictate the health care you will receive should you become terminally ill, terminally injured, or unconscious and be unable to to speak or communicate (e.g., a coma). Remember Terry Schiavo and the fight between her husband and her parents? Thankfully we can avoid such a situation. Most states allow you, via the Living Will, to give explicit instructions and/or appoint someone to make those decisions for your once you become incapacitated. I, for one, don't want to be kept on life-support and a feeding tube for five, ten, twenty years. An Advance Directive allows me to free my family and loved ones from the burden of having to make the difficult decision of whether to "pull the plug" - and from having to fight in court for the right to do so. Every adult (nineteen or older in Alabama), regardless of health, should have one.
A Durable Power of Attorney gives another person or persons the power to act on your behalf. The power given can be limited or broad and general. You can dictate that the power of attorney does not arise until a specified event occurs (e.g., you become incapacitated). There are a ton of good reasons to do this: convenience, greater personal control, avoiding pricey guardianships, the list goes on. In the context of estate planning, a Durable Power of Attorney is usually general and empowers the Agent to do anything you would normally be able to do for yourself - sell or buy property, manage bank accounts, file and pay taxes, make health care decisions, and so on. It is an invaluable tool because of the time and money it saves. I have one because, as an attorney, I understand how difficult it would be for my family, if something were to happen to me, to gain control of and administer my property and assets. Time is of the essence in such situations; I want a quick and easy process.
Conclusion - Wills? Sometimes. Advance Directive? NOW. Durable Power of Attorney? ASAP. And, luckily, an Advance Directive and Power of Attorney are generally quick and inexpensive - so, no excuses. Any questions or comments, feel free to post or contact us. My best.
The answer is "It depends." It depends on what you have, what you own, and what you want to do with it. If you don't own anything, then a will should not be a priority for you. But, if you own a home, a car, have children, large amounts of savings, then it's a good idea - if not a moral imperative - to see an estate planning attorney and craft an individualized will. However, even if you depart this world will-less, state intestacy laws will distribute your property and estate according to a hierarchical order of family and relatives (but note - rarely does intestacy result in the type of distribution most of us want).
Having qualified the need for a will, there are two documents EVERYONE should have: an Advance Directive and a Durable Power of Attorney. An Advance Directive (aka, Living Will) allows you to dictate the health care you will receive should you become terminally ill, terminally injured, or unconscious and be unable to to speak or communicate (e.g., a coma). Remember Terry Schiavo and the fight between her husband and her parents? Thankfully we can avoid such a situation. Most states allow you, via the Living Will, to give explicit instructions and/or appoint someone to make those decisions for your once you become incapacitated. I, for one, don't want to be kept on life-support and a feeding tube for five, ten, twenty years. An Advance Directive allows me to free my family and loved ones from the burden of having to make the difficult decision of whether to "pull the plug" - and from having to fight in court for the right to do so. Every adult (nineteen or older in Alabama), regardless of health, should have one.
A Durable Power of Attorney gives another person or persons the power to act on your behalf. The power given can be limited or broad and general. You can dictate that the power of attorney does not arise until a specified event occurs (e.g., you become incapacitated). There are a ton of good reasons to do this: convenience, greater personal control, avoiding pricey guardianships, the list goes on. In the context of estate planning, a Durable Power of Attorney is usually general and empowers the Agent to do anything you would normally be able to do for yourself - sell or buy property, manage bank accounts, file and pay taxes, make health care decisions, and so on. It is an invaluable tool because of the time and money it saves. I have one because, as an attorney, I understand how difficult it would be for my family, if something were to happen to me, to gain control of and administer my property and assets. Time is of the essence in such situations; I want a quick and easy process.
Conclusion - Wills? Sometimes. Advance Directive? NOW. Durable Power of Attorney? ASAP. And, luckily, an Advance Directive and Power of Attorney are generally quick and inexpensive - so, no excuses. Any questions or comments, feel free to post or contact us. My best.
Wednesday, January 12, 2011
Forming an LLC, LLP, or Other Business Entity: What You Need to Know
New and current business owners alike often start with only a few dollars and a vision. Rarely do they think about how structuring their business as a legal entity can affect their own personal liability, income and taxation, management structure, disassociation and dissolution, and more. Though this is understandable, it isn't wise. Establishing your business as an LLC, LLP, PC, or S-Corporation can be extremely advantageous in both the short and long term.
Here are the two primary advantages of the commonly used business entities in Alabama:
(1) Flow-Through Taxation - In contrast to "C-Corporations" which are subject to "double taxation," many business entities allow "flow-through" taxation in which profits and losses flow directly through to the owners. Thus, income is taxed only once - when the individual owners receive it.
(2) Limited Personal Liability - Sole proprietors are liable for their business's obligations. In contrast, the owners or investors of an LLC, LLP, PC, or S-Corporation are generally not personally liable for the obligations of the entity. Instead, only the entity itself is liable for the entity's obligations. As a result, the owners and investors risk only their capital investment in the entity. However, owners and partners are still personally liable for their own wrongful acts.
And, here are brief descriptions of the commonly used business entities in Alabama:
LLC (Limited Liability Company) - Flow-through taxation; limited personal liability; power to design management structure as the owner desires; power to allow or restrict transfer of ownership; only one owner needed to form LLC.
LLP (Limited Liability Partnership) - Like an LLC, an LLP features flow-through taxation, limited personal liability, the power to design management structure, and the power to define transferability rights. Of course, to form a partnership, at least two persons must be present.
PC (Professional Corporation) - Professionals may not form a general corporation for the purpose of practicing their profession. Instead, Alabama law allows certain professionals - architects, attorneys, doctors, engineers, so on - to form a PC and thereby enjoy the advantages of a Corporation. However, several restrictions apply.
S-Corporation - Corporate structure; flow-through taxation; limited personal liability. But note the following requirements and limitations: stock limited to one hundred persons; shareholders must be individuals; only once class of stock is permitted.
Of course, this is only a basic introduction to business entities in Alabama. For more information, feel free to contact me, a new business attorney. My best.
Here are the two primary advantages of the commonly used business entities in Alabama:
(1) Flow-Through Taxation - In contrast to "C-Corporations" which are subject to "double taxation," many business entities allow "flow-through" taxation in which profits and losses flow directly through to the owners. Thus, income is taxed only once - when the individual owners receive it.
(2) Limited Personal Liability - Sole proprietors are liable for their business's obligations. In contrast, the owners or investors of an LLC, LLP, PC, or S-Corporation are generally not personally liable for the obligations of the entity. Instead, only the entity itself is liable for the entity's obligations. As a result, the owners and investors risk only their capital investment in the entity. However, owners and partners are still personally liable for their own wrongful acts.
And, here are brief descriptions of the commonly used business entities in Alabama:
LLC (Limited Liability Company) - Flow-through taxation; limited personal liability; power to design management structure as the owner desires; power to allow or restrict transfer of ownership; only one owner needed to form LLC.
LLP (Limited Liability Partnership) - Like an LLC, an LLP features flow-through taxation, limited personal liability, the power to design management structure, and the power to define transferability rights. Of course, to form a partnership, at least two persons must be present.
PC (Professional Corporation) - Professionals may not form a general corporation for the purpose of practicing their profession. Instead, Alabama law allows certain professionals - architects, attorneys, doctors, engineers, so on - to form a PC and thereby enjoy the advantages of a Corporation. However, several restrictions apply.
S-Corporation - Corporate structure; flow-through taxation; limited personal liability. But note the following requirements and limitations: stock limited to one hundred persons; shareholders must be individuals; only once class of stock is permitted.
Of course, this is only a basic introduction to business entities in Alabama. For more information, feel free to contact me, a new business attorney. My best.
Friday, January 7, 2011
The Police Searched My Car! Can They Do That?!
Clients, friends, family, waitresses at the City Cafe - people ask me, as a criminal lawyer, this all the time. And, it's a good question. The police usually have a basic understanding of what they can and can't legally do, but the average citizen typically has no clue when a peace officer is over-stepping the protections and limitations of the Constitution. Consider this a crash course courtesy Southern Justice.
The most common scenario is as follows:
You get pulled over for violating a traffic law - speeding, improper lane change, driving on a sidewalk, so on. You prepare to offer tears, excuses, whatever it takes to get out of a ticket. The officer asks for your license, registration, and/or proof of insurance. Then, she inquires: "Mr. Watson, do you mind if I look around inside your car?"
Know this: absolutely nothing prevents the officer from asking if he may search your vehicle. But - and here's the kicker - you may say no. Refuse. "I do mind if you search." "No. You may not look around." Probably best to soften it up a bit. Be polite. But, you would be amazed at the number of drug charges and DUI indictments that arise because the defendant consented to a search of his vehicle.
Now, here's the second most misunderstood fact concerning a vehicle search - the officer does not need a warrant to search the vehicle. Why? According to our US Supreme Court, vehicles are quick and mobile, and you and I simply don't expect what we do and carry in them to be that private (Carroll and Acevedo). So, no warrant needed; all the officer needs is "probable cause." To the best of my understanding, "probable cause" exists whenever the officer wants it to. Seriously, it exists if a reasonable person could believe that there is a "fair probability" of criminal activity based on the totality of the circumstances (Gates). In other words, if the sheriff smells marijuana, sees a pipe or syringe on the seat, or hears the high school senior in the backseat yelling "Hide the beer!," he likely has "probable cause" to search the vehicle.
So, you're informed! Next time you make a mistake while behind the wheel and see blue lights in your rearview, you'll be ready. And, if not, give me a call. My best.
The most common scenario is as follows:
You get pulled over for violating a traffic law - speeding, improper lane change, driving on a sidewalk, so on. You prepare to offer tears, excuses, whatever it takes to get out of a ticket. The officer asks for your license, registration, and/or proof of insurance. Then, she inquires: "Mr. Watson, do you mind if I look around inside your car?"
Know this: absolutely nothing prevents the officer from asking if he may search your vehicle. But - and here's the kicker - you may say no. Refuse. "I do mind if you search." "No. You may not look around." Probably best to soften it up a bit. Be polite. But, you would be amazed at the number of drug charges and DUI indictments that arise because the defendant consented to a search of his vehicle.
Now, here's the second most misunderstood fact concerning a vehicle search - the officer does not need a warrant to search the vehicle. Why? According to our US Supreme Court, vehicles are quick and mobile, and you and I simply don't expect what we do and carry in them to be that private (Carroll and Acevedo). So, no warrant needed; all the officer needs is "probable cause." To the best of my understanding, "probable cause" exists whenever the officer wants it to. Seriously, it exists if a reasonable person could believe that there is a "fair probability" of criminal activity based on the totality of the circumstances (Gates). In other words, if the sheriff smells marijuana, sees a pipe or syringe on the seat, or hears the high school senior in the backseat yelling "Hide the beer!," he likely has "probable cause" to search the vehicle.
So, you're informed! Next time you make a mistake while behind the wheel and see blue lights in your rearview, you'll be ready. And, if not, give me a call. My best.
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