Monthly Archives: December 2007

(Maricopa County, Mohave County, Yavapai County, Santa Cruz County, Yuma County, Pima County, Pinal County, Apache County, Coconino County)

This general information is provided to the public to understand their rights and the issues that arise during a police stop of their vehicle and any searches therein.

Everyone who operates a motor vehicle on the roadways should be aware of their rights regarding any police officer stopping your car and then performing a search therein.

Under the law, police must have reasonable suspicion to stop a vehicle. In other words, the circumstances surrounding the stop must support a justifiable suspicion that the person stopped was involved in criminal activity or committed a minor traffic violation. When officers perform traffic stops predicated on facts that neither constitute a violation of the law, nor constitute reasonable grounds to suspect the driver committed any offense, they run afoul of the constitutional Fourth Amendment.

Far too often, our firm has seen many cases where the police have had no reasonable suspicion to stop our clients’ vehicles. As a result, after filing motions to suppress and arguing the illegal stop in evidentiary hearings before many courts, we have been successful in having the cases completely dismissed. Always consider the reason of why the police stopped your vehicle and discuss this issue with attorneys to evaluate whether the stop was illegal and improper.

Secondly, a warrantless search of your vehicle after the police stop may be illegal. The police may claim that a search of your vehicle was necessary without a search warrant because of the issues involving immediate loss of evidence or officer safety were present. However, if these concerns are not present, your consent and/or a search warrant is required search your vehicle.

Keep in mind, following a police stop, when the scene is secured and the arrestee is handcuffed, placed into the back seat of a police car, the warrantless search of the arrestee’s car cannot be justified as necessary to protect the police or prevent the destruction of any evidence.

Some searches are allowed such as a search incident to an arrest of a vehicle of the area within an arrestee’s “immediate control.” This immediate control means the passenger’s compartment of the vehicle and also containers within this passenger compartment. Other searches, such as an inventory search may be upheld depending on the circumstances and other issues may arise as to whether the arrestee was a “recent occupant” of the vehicle.

In short, police stops of your car and any subsequent searches thereto may be complex and require thorough legal analysis and research by qualified criminal attorneys.

Alex & Associates, criminal attorneys are always available for a free consultation.  Call their offices today and speak to an experienced trial attorney about your personal injuries.  602-971-1775

 

 

Personal Injury Accident Attorneys - Yamaha Rhino RolloversYamaha Rhino off-road vehicles have an unreasonable risk of rollover accidents, resulting in serious injuries and deaths.

These rollovers have caused severe crushing injuries to lower extremities as well as traumatic head injuries. These abrupt rollovers can happen even on flat, open areas.

Yamaha recently sent out a warningto Rhino users alerting them of the rollover and crushing injuries and offering Yamaha doors and a handhold/strap available for free installation.

Although Yamaha recommends these features to help keep occupants from sticking their arms and legs out of the vehicle during a rollover, many owners are unaware of these free upgrades.

More importantly, we believe that these upgrades are sufficient to protect Yamaha owners and users. The upgrades are not designed to prevent rollovers even on flat, open areas. Rather the upgrades are designed only to reduce the risk of serious injury in certain instances.

We believe that the warning and offer of providing doors and hand hold straps are not sufficient to protect owners and users of Rhinos, and injuries will continue to occur at an alarming rate.

If you or a love one have been injured in a Yamaha Rhino rollover accident, please feel free to contact us for information or representation. 602-971-1775

For additional information please visit our website at: www.alexandassociates.com 

*We accept clients in Yamaha Rollover Accidents throughout Arizona and the following states; New Mexico, Nevada, Utah, California, Texas, Wyoming and Colorado

 

The purpose of this blog is to inform the Arizona public about news, trends in injury accident and criminal defense law.  In addition, this blog is dedicated to assisting injured victims in Arizona by providing up-to-date information on serious accidents,defective products and changes in Arizona personal injury laws and regulations. It is our intent to provide informative information and timely prevention tips to better serve the communities in which we operate.

We always provide a free consultation to discuss your legal concerns with you.  Simply call 602-971-1775 to schedule an appointment.

We have over 27 years of experience obtaining personal injury results and have secured $20+ million in personal injury settlements for clients from 2008-2011.

Our personal injury accident areas of practice include: tractor trailer [big rig] accidents,motorcycle and auto accidentsconstruction accidentsdog bite/attacksmedical malpracticecatastrophic injury and wrongful deathbicycle and pedestrian accidents,defective productsswimming pool and water accidents [boats, etc. ], child injuries,head-neck and spinal cord injuries, Commercial Vehicle Liability, Cumulative Trauma, Electrical Injury and others.

Our respected Arizona criminal defense attorneys have over 26  years experience of criminal defense winning trial strategies we have represented thousands of clients in cases involving the sale, distribution and/or transportation of large drug loads, money laundering, white collar crimes, conspiracy, aggravated assaultstheftsDUI andhomicides; often achieving not-guilty verdicts, having charges dismissed altogether or negotiating significantly reduced charges.

This blog is sponsored by Alex & Associates P.C. a premier law firm with offices located throughout the Phoenix metropolitan area. Alex & Associates P.C accepts serious injury cases on a state and national level on trucking and motorcycle accidents. We are available to associate with out of state attorneys.

For additional information please visit our website at: www.alexandassociates.com