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Why you NEED to fight a protection order

Are you dealing with a protection order that you believe was unfairly granted? This video provides a comprehensive guide on understanding and legally responding to a protection order. Our aim is to educate and guide individuals through the proper legal channels and processes.

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Transcript

Speaker 1
00;00;00;01 – 00;00;01;05
Hi, everyone. Can the police make you break the law and then pull you over? This is Christina Williams with Just Criminal Law.
Speaker 2
00;00;08;28 – 00;00;10;09
And David Mann, Legal Storytelling Specialist. Okay, so can the police make you break the law?
Speaker 1
00;00;16;21 – 00;00;17;05
Well, we have a particular case where that actually did happen. Mr. Levinson was driving on one of Wyoming’s highways and he was minding his own business, just traveling down the interstate when a highway patrol officer decided to follow him. For some particular reason, the officer was sitting in the middle of the two interstates, the northbound and south bound lanes, and turned around to follow Mr. Levinson’s vehicle. Now, the officer was traveling up to 111 miles an hour to catch up with him.
Speaker 2
00;00;57;24 – 00;00;58;27
Wow. Okay. So he’s so far, it sounds like he’s not causing Mr. Levinson to commit any crime, though.
Speaker 1
00;01;05;13 – 00;01;09;19
Well, no, but he pulls in behind Mr. Levinson’s car and Mr. Levinson is in between two semi-trucks and just runs along right beside his car on the back bumper and actually, you know, kind of boxes Mr. Levinson in and the traffic speed goes down to as low as 54 miles per hour. And Mr. Levinson is just following behind the semi-truck. The officer determines that he’s following too closely to the semi-truck. And so he pulls him over for that traffic violation.
Speaker 2
00;01;48;26 – 00;01;49;14
Okay. So he has now created the circumstances which he’s now going to arrest him for. So backing up a minute, is there any reason why he decided to just turn around and follow him?
Speaker 1
00;01;59;16 – 00;02;01;00
Well, you know, it’s hard to say in those types of circumstances. Maybe Mr. Levinson drove by and didn’t look over at the trooper. I’ve seen things as silly as that. And so that caught their attention and made the trooper think, “Hmm, I wonder if they’re up to something. And so they follow him. I mean, it’s hard to say sometimes. No rhyme or reason, but sometimes it can be as silly as that.
00;02;16;23 – 00;02;17;21
Speaker 2
00;02;23;20 – 00;02;25;07
Because that’s the sort of the key question, it’s like, if Mr. Levinson was committing some kind of crime and the officer then pulls out and chases him, that’s one thing. But it sounds like he wasn’t doing anything wrong at all. The policeman boxes him in, now he is doing something wrong, and the officer pulls him over. And then what happens?
Speaker 1
00;02;43;10 – 00;02;44;14
Well, you know, through the contact with Mr. Levinson, the officer is able to find out that he has a large amount of marijuana in his car. Specifically, 42 pounds. And so he’s arrested for possessing marijuana with the intent to distribute it. And that’s a serious felony. So naturally, he needed to try and fight the case.
Speaker 2
00;03;15;20 – 00;03;16;26
Yeah. I mean, so he effectively is committing a crime, but the officer had no right to pull him over in the first place. That’s kind of the legal nuance here. Is that right?
Speaker 1
00;03;30;24 – 00;03;32;08
Right. And I say it all the time, two wrongs don’t make a right. So yes, Mr. Levinson was violating the law and he had a large amount of marijuana. But the officer does not get to do something illegal; that is, pull him over without a reason. The officer has to follow the law. You can’t stop somebody unless you witnessed them conducting a traffic violation for example. And, in this particular case, the Supreme Court of Wyoming looked at what happened and said, “No, you can’t create the circumstances, officer, that causes the traffic violation and then stop the person. That’s not okay.”
00;03;57;15 – 00;04;00;13
And in this particular case,
Speaker 2
00;04;13;26 – 00;04;15;23
And so, now that the Supreme Court ruled that that is now considered case law that can be used by other cases going forward as an example of how things are supposed to work. Is that about right?
Speaker 1
00;04;24;23 – 00;04;25;08
Yes. And, you know, that’s the fascinating part of practicing criminal defense worse, is seeing what the Supreme Court does as the facts change and the case law will evolve based on what happened in this case.
Speaker 2
00;04;40;14 – 00;04;41;19
And a good lawyer like yourself is going to know about this case law and when to bring it up when representing a client. So how does someone get ahold of you?
Speaker 1
00;04;49;23 – 00;04;50;15
Sure. We’ll include a link in the description, where they can call, text, or chat with a member of my team anytime, day or night! Here at Just Criminal Law, we know you only get one shot at Justice. So make yours count!

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