In the ruling, the Court did not completely prohibit warrantless searches of vehicles.  It did, however, give law enforcement a clearer test to determine whether a particular search will be proper.  After the ruling  an officer may search a vehicle without a warrant “when an arrestee is within reaching distance of the vehicle or it is reasonable to believe the vehicle contains evidence of the offense of arrest.”  The test the Court established now prevents the police from searching a vehicle after the defendant has been safely taken into custody and there is no risk of danger to the officer, but does allow a search for evidence of the particular crime the defendant is being arrested for.  As such, the days of a routine traffic stop leading to a full-scale search of a vehicle when no other criminal activity is found may now be over.

Today’s Topic: When Should I See a Lawyer?

If you are arrested for a crime, particularly a serious one, you should contact a lawyer as soon as possible. A lawyer will have a better sense of what you should and should not say to law enforcement officers in order to avoid being misinterpreted or misunderstood. The lawyer also can advise you, your family, and/or friends on the bond process.

If the court determines that you cannot afford an attorney and you are charged with an offense that could result in a jail or prison sentence, you will more than likely be appointed an attorney to represent you.  If you are unable to pay for an attorney, it is your responsibility to ask for an appointed lawyer.

If you can afford an attorney, it is important that you engage a lawyer as soon as possible.  A lawyer who has more time will be better able to conduct an investigation on your behalf.  As time goes by witnesses often forget crucial details or disappear.  That is why it is very important that any person who is accused of a crime find a competent legal representation.

Today’s topic: What is an Arrest?

An arrest is a type of detention. When you have been arrested, you are not free to leave the scene. There are other types of detentions for shorter periods that are not considered arrests. For example you can be held for questioning for a short time if a police officer or other person believes you may be involved in a crime. Shop owners can also detain you for a reasonable amount of time if they suspect you of stealing. A person who is arrested or detained is only required to show identification and answer basic questions about their identity and address.

1. Know how much notice you must give the tenant. Some notice periods, like notice of termination after expiration of the lease, can often be found in your lease.  Others are found in the Code of Alabama.  For example, in a residential lease you must give a seven day notice for non-payment of rent but any other breach of the lease requires a 14 day notice.  If there is no breach of the lease, the notice could be as little as 30 days or more depending on the wording of your lease.
2. Make sure your notice spells out the reason for the termination and the address of the property. The notice should explain exactly what default must be cured, so that the tenant has an opportunity to fix the problem.  In the event that the tenant is unable to fix the problem, the judge will also need to know that the notice was served on the right person, at the right address.  If the addresses do not match, you may have to submit an affidavit to the Court explaining which version of the address is correct.
3. Give the notice the right way. In Alabama, typically a landlord must give notice by handing the tenant the notice personally or posting the notice on the door and mailing another copy to the tenant.  Certified mail alone will probably not be enough to give proper notice.
4. Make sure you keep a copy of the notice and any certified mail receipts. It is common for tenants to deny receiving notice. Make sure you can prove that you followed the law.
   
5. Wait until the entire notice period expires before taking any action. If you do not give the tenant the entire notice period, there is a good chance your eviction will fail.  Be patient, or you may have to start over at the beginning.