Passenger Rights During Stops

Summary

Passengers generally have the same rights as drivers during traffic stops, including the right to remain silent, refuse a search, and protection under the Fourth Amendment. They can challenge the legality of the stop and any subsequent search, even if the driver consents. If the stop or search is found to be unlawful, the evidence obtained may be excluded. In Georgia, juvenile court judges typically do not preside over murder trials, which are handled by superior court judges. However, in exceptional circumstances, a judge might be appointed temporarily. Always consult with a local attorney for personalized advice.

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If one officer who stopped the car i was a passenger in never testified to why they stopped the car i was a passenger in but obtained a cellphone from the car with the drivers consent the officer who arrested me after the stop didnt stop the car nor did he testify to telling any other officers about the crime he arrested me for the crime is criminal trespassing does thay violate my fourth amendment rights because i wasnt gave any reason for the stop in georgia
Based on your situation, here are some points:
- Police require reasonable suspicion of a crime to stop a vehicle.
- A passenger's 4th Amendment rights could be violated if a stop is unjustified.
- Consent for a search doesn't necessarily extend to passengers' items.
- An arrest must be based on probable cause.
You should consult a local attorney or legal aid organization for personalized advice.
Does passenger have same rights as drivers
Yes, passengers generally have the same rights as drivers during a traffic stop. This includes the right to remain silent, the right to refuse a search, and protection under the Fourth Amendment against unreasonable searches and seizures. However, laws can vary by location.
Can passengers challenge stop of cars if personal items was obtained and used against the passenger
Yes, passengers can challenge the legality of the stop and the subsequent search under the Fourth Amendment. If the stop or search is found to be unlawful, the evidence obtained may be excluded from the case. It's recommended you speak to a Georgia-based attorney for personalized advice.
Even if a driver consent to a search of the car can a passenger challenge the stop and the items seized
Yes, a passenger can challenge the legality of the stop and seizure of items. This applies even if the driver consented to a search, as the passenger's 4th Amendment rights might be violated. It's advisable to consult with a local attorney in Georgia for guidance.
Can a juvenile judge substitute for superior judges in murder trials in georgia
In Georgia, a juvenile court judge cannot typically preside over murder trials, which are handled by superior court judges. However, in exceptional circumstances, a judge might be appointed temporarily. Always consult with a local attorney for personalized advice.
Can a superior judge in georgia appoint a juvenile judge to substitute for a adult murder trial
In Georgia, it's uncommon for a Superior Court judge to appoint a Juvenile Court judge for an adult murder trial. Superior Court judges usually handle such cases. However, in exceptional cases, substitutions might occur. It's advisable to consult with a local attorney for more specifics.