Do the police have a right to stop me to make sure I am not violating the stay at home order?
Although it looks like there may be a light at the end of the tunnel, the governor’s stay at home order is still in effect. This has been and for the next several weeks will be the normal. I have heard from some readers about their constitutional rights during this stay at home period and one of the most common questions centers around travel. Examples include: Am I allowed to run to the grocery store? What if I want to see if my favorite store is open? What if I just need to get out of my house and drive? Can police stop me just because I am not at home?
Currently, as of April 30, 2020, our state and federal Constitutions have not been suspended and no person can be searched and seized without probable cause or reasonable suspicion. Being stopped by police is a seizure.
In order to lawfully stop you an officer must articulate the facts which would lead them to believe you have been, or are about to be, involved in criminal activity.
As the Governor’s website provides a list of approved activities, driving around while a stay at home order is in place is not enough, on its own, for police to stop you. See the Stay at Home Order Guidance here.
Until the Constitution is suspended (God, help us if it is), police cannot stop you unless and until they are able to point to facts which would lead them to believe that you have been, or are about to be, involved in criminal activity.
If you believe your rights were violated or you are facing criminal charges contact me immediately. I have spent and dedicated my career to protecting the constitutional rights of individuals, businesses, and organizations. I am an attorney who will ensure and fight, to the Supreme Court if necessary, to preserve and protect your rights from governmental infringement.
When you need aggressive representation to fight for your rights contact me. Do it today.
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