E-BRIEFS
VOLUME 3, ISSUE 9
THE LAW OFFICES OF WARREN C. CASWELL
743 Blacks Creek Church Rd.
SEPTEMBER, 2008
Danielsville, Georgia 30633-2615
Call us: (706) 789-3609
Special Points of Interest:
GETTING PULLED OVER– DO I HAVE TO LET THE POLICE SEARCH MY CAR?
This month we present part II of what to do when you are
pulled over . You are late to an appointment, your child is screaming
the back seat, your significant other is ringing your cell phone and
added to this you are driving down the interstate and just passed a
police car, who immediately pulled out. You let off the gas, look
down at the speedometer and you know he’s coming for you. Just as
you suspect, thirty seconds later the police are trailing behind you
with the blue lights flashing and you pull over to the side to the road
to participate in the most common American interaction with police
– the traffic stop.
Almost all of us have been pulled over by the police at some
point in our driving lives. Either for a speeding ticket, a broken tail-
light or perhaps something more serious like a DUI or a traffic colli-
sion. However, despite the fact that it has happened to nearly all of
us, and happens countless times every day, very few of us know what
our rights are, what we must say and what we can refuse to say– and
the police officer that just pulled us over is in no mood to inform us.
Here are the rules of thumb, along with a refresher course of what Continued on Page 2
RECENT NEWS– TRIAL ADVOCACY PROGRAM COMPLETED
Mr. Caswell graduated from the 9th Annual Bill Daniel Trial
Advocacy program in August. This program is sponsored and staffed
by the Georgia Association of Criminal Defense Lawyers and is de-
signed to teach trial tactics and hone trial skills from preparing a
case through closing argument. The intense immersion program
runs for several days and requires each student to meaningfully par-
ticipate in the preparation and presentation of their own case.
An attorney can never learn too much about trial, nor practice
his skills too much. Completing this program will result in better
service to our clients.
Page 2
VOLUME 3, ISSUE 9
TRAFFIC STOP– CONTINUED FROM PAGE 1
you must do and can refuse to do, when pulled over by the police.
When you are pulled over a police officer may ask to search your vehicle– “do you mind if I
look in the trunk”, etc. DON’T DO IT! You do NOT have to let the police search any part of your
car. You have a right, the 4th Amendment of the Constitution, to be remain free of unreasonable
searches. However, if you give the police permission to search you, or your car, or your home or
anything else then you waive that right. Anything found in the search could be used against you
in court. However, the fact that you refused to allow the officer to search your vehicle cannot be
used against you in court. In all likelihood, the fact that you refused will never be told the jury
which tries your case.
What if the officer ignores you and begins to search your car anyway? DO NOT try and
physically stop the officer. Simply remain calm and again state: “You cannot search my car, I do
not want you to search my car or anything else.” It is possible that the officer may have the legal
right to search the car anyway. However, if the officer is wrong and you have refused to give your
Continued on Page 3
PUBLIC DEFENDER SYSTEM COLLAPSES
Despite the dire warnings of attorneys from all over the State of
The GPDSC has
Georgia, our legislature and Governor have ignored the state of the
forgotten that the
state’s public defender system for far too long. The budget of the Geor-
gia Public Defender Standards Council (GPDSC), which oversees our
13th Amendment
public defender system, has run out. The money was allocated on July 1
to the Constitution
and was supposed to fund the system until July 1, 2009. It was woefully
prohibits slavery–
inadequate and the inevitable has finally come about. To add insult to
injury, the Governor is asking the GPDSC to cut another 6% out of the
work without pay;
budget they were awarded and have already spent.
even for attorneys.
The GPDSC has informed attorney’s across the state that it will
not be paying them for any services performed for poor clients, nor will
the GPDSC be reimbursing the attorney’s for their expenses of repre-
senting those who cannot afford a lawyer and who are charged with a
crime. As a result, private attorneys all over the state have been with-
drawing from appointments made to represent indigent individuals and
refusing to accept further appointments until such time as the GPDSC
and the State of Georgia at least promise to make good on their debts
and fund the system.
Shamefully, the GPDSC has adopted the position that private at-
torney’s should shoulder the costs of the failed system. The GPDSC has
announced that lawyers should continue to accept appointments, expect
no pay, and pay money out of their own pocket to cover the costs of trial
and preparation for trial. The GPDSC is an organization set up to secure
the constitutional right to be represented by an attorney when accused
of a crime.
However, somewhere in the GPDSC offices they have
strayed from that document we all embrace by forgetting that the 13th Continued on Page 3
LAW OFFICES OF WARREN C. CASWELL
743 BLACKS CREEK CHURCH RD.
DANIELSVILLE, GA 30633-2615
(706) 789-3609
WCCASWELL@WARRENCASWELLLAW.COM
WWW.WARRENCASWELLLAW.COM
PROTECTING AND DEFENDING THE INNOCENT
E-Briefs is a publication of the Law Offices of Warren C. Caswell which is solely responsible for
its content. The articles in this newsletter, while legal in nature, are not specific enough to be
applicable to any specific factual situation and cannot be construed as advice on how to handle
any legal problem or question. You should always consult an attorney regarding any legal rights
you may have.
This newsletter does not create an attorney/client relationship.
Feel free to forward this newsletter.
Want to see a particular topic discussed in a future issues of this newsletter? Then send us the
question or topic you would like to see discussed. We’ll gather together what information we
have on the subject and post an article. Just send your questions to the e-mail address above.
TRAFFIC STOP– CONTINUED FROM PAGE 2
Collapse– CONT’D FROM 2
permission for the search then it will be possible to chal-
Amendment prohibits slavery–
lenge anything the officer finds and wants to use against you
work without pay.
in court. However, if you have consented to the search at
any point, whatever the officer found and wants to use
No one likes criminals,
against will almost always be able to be used in court.
however, we all know that when
accused of a crime we have a
Remember, you have a right not to speak to the offi-
right to an attorney and most of
cer– no more than name and basic information to identify
us agree that this is a good
yourself. And you have a right to maintain your privacy.
thing. Sometimes the police get
Simply because an officer wants to look around your per-
it wrong and an innocent per-
sonal life by searching you, or your car, or your home, or
son is arrested.
That person
anything else does not mean that you have to let him. How-
needs an attorney so that the
ever, if you forget that you have this right and don’t remem-
rest of their life is not ruined.
ber to “Just Say No”, then you will lose this right to your pri-
However, Georgia has rejected
vacy and anything officer looks at will ok.
this ideal which has been a
Also remember, that while you have these rights you
foundation of the United States
should always be polite. The officer is just doing a job, and
since our founding.
Soon
he likely is recording you on his dash-cam. If you are polite
enough however, Georgia will
and reasonable, when the court views the video later on, it
learn the error of her ways, the
will take note of your calm refusal and the officer’s rude ig-
only question will be– what is
norance and violation of your rights.
the price tag?