Posts tagged with "illegal"

High Court Finds Officer Lacked Reasonable and Articulable Suspicion in DUI Traffic Stop Based Solely on Object Hanging From Rearview Mirror

In a recent criminal law matter, the Supreme Court of Connecticut considered whether the lower courts erred in dismissing charges against the defendant because the arresting officer did not have a reasonable and articulable suspicion warranting a traffic stop.

In this case, a police officer received anonymous tips about an intoxicated driver, and the make and license plate number provided matched the defendant’s vehicle. The officer did not observe any erratic driving, though he noticed a chain and cross hanging from the rearview mirror. This wooden object was a total of one inch wide and ten inches long. Because of the officer’s “mistaken, albeit good faith, believe that [Connecticut General Statutes (CGS)] § 14-99f(c) makes it an infraction for a car to be driven with any object hanging from a rearview mirror,” he initiated a traffic stop on the basis of the wooden object alone.

The defendant was subsequently arrested and charged with operating a motor vehicle while under the influence (OMVUI), operation without a license, and operation with an obstructed view, in violation of CGS §§ 14-227a, 14-213, and 14-99f(c), respectively. The defendant filed a motion to suppress evidence, alleging the traffic stop was illegal because the officer had neither probable cause nor reasonable suspicion to initiate it. The trial court agreed and granted the motion, noting that the officer did not personally corroborate the unreliable tips. When the trial court later issued a Supplemental Finding of Fact, it wrote:

A reading of [§ 14-99f(c)] makes it clear that a violation of the statute is predicated upon an object obstructing the view of the driver or distracting the driver. [The officer’s] stop of the defendant was not based on a violation of the statute, but was based solely on the fact that there was something hanging from the defendant’s mirror.

The trial court dismissed all charges against the defendant, and the State appealed. The Appellate Court agreed with the trial court’s determination, additionally noting that “our statute does not proscribe all items hanging from a rearview mirror.” The State promptly appealed.

Investigatory stops under Terry v. Ohio are legal so long as the officer has a reasonable suspicion that criminal activity is afoot, a reasonable purpose for the stop, and the scope and character of the stop is reasonable in light of the purpose. The reasonable suspicion standard requires “some minimal level of objective justification for making the stop.” This requires factual support rather than hypothetical possibility.

In this case, the State was required to prove, under § 14-99f(c), that the officer had a reasonable and articulable suspicion “that the chain and/or cross that he had observed was, or had been, obstructing the defendant’s vision or distracting his attention.” In this regard, the state failed to meet its burden. The officer simply testified seeing the object – nothing more. As the court elaborated:

[The officer] did not say that he had seen the defendant peering around the object, glancing toward the object and away from the road ahead of him or driving his car in such a manner to suggest that his view was obstructed or that he was distracted. Indeed, the state presented no testimony that [the officer] considered the hanging chain to present an obstruction to the defendant’s view of the roadway.

Furthermore, the Supreme Court found that the wooden object simply was not objectively large enough to obstruct the defendant’s view. Therefore, the Supreme Court upheld the Appellate Court’s decision that the trial court properly dismissed the case.

When faced with a charge of operating a motor vehicle while intoxicated (a.k.a. driving under the influence) or license suspension, an individual is best served by consulting with an experienced criminal law practitioner. Should you have any questions regarding criminal defense, please do not hesitate to contact Attorney Joseph C. Maya in the firm’s Westport office in Fairfield County at 203-221-3100 or at JMaya@Mayalaw.com.

Written by Lindsay E. Raber, Esq.

Is it Illegal to Decline to Hire a Qualified Candidate Because of Age in Connecticut?

Under both Connecticut and federal law, age discrimination against both employees and candidates for a job is illegal.  Under the Age Discrimination in Employment Act (the “ADEA”), a federal statute, it is illegal to discriminate against anyone over 40 based on their age with respect to any term, condition, or privilege of employment, including hiring, firing, promotion, layoff, compensation or benefits, or job assignments, among other things.  It is also illegal to retaliate against anyone who opposes employment practices that discriminate based on age.

If you have any questions related to sexual harassment and discrimination in Connecticut, please contact Joseph C. Maya, Esq. at (203) 221-3100 or e-mail him directly at JMaya@Mayalaw.com.

What is Sexual Harassment in Connecticut?

What is sexual harassment?

Sexual harassment is a form of illegal discrimination that comprises unwelcome sexual conduct affecting the terms and conditions of a person’s employment or that creates a hostile work environment. Examples of such conduct include: obscene communications such as emails or texts; the display or distribution of pornographic or otherwise offensive materials; unwanted or uninvited touching; sexual propositions with implied or explicit threats to your job security; and lewd comments or gestures. For sexual harassment to exist, the offending conduct must be sexual in nature or be based on hostility because of gender. The conduct also must be unwelcome, severe or pervasive, and affect the victim’s pay, benefits, work conditions or work environment.

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What is Sexual Harassment in Connecticut?

What is sexual harassment?

Sexual harassment is a form of illegal discrimination that comprises unwelcome sexual conduct affecting the terms and conditions of a person’s employment or that creates a hostile work environment. Examples of such conduct include: obscene communications such as emails or texts; the display or distribution of pornographic or otherwise offensive materials; unwanted or uninvited touching; sexual propositions with implied or explicit threats to your job security; and lewd comments or gestures. For sexual harassment to exist, the offending conduct must be sexual in nature or be based on hostility because of gender. The conduct also must be unwelcome, severe or pervasive, and affect the victim’s pay, benefits, work conditions or work environment.

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Hostile Work Environment vs. Quid Pro Quo Sexual Harassment

As an employment law attorney I can get too accustomed to the legal jargon.  One question frequently asked by prospective clients is “what is the difference between hostile work environment and quid pro quo sexual harassment?”  While both types of employment discrimination are illegal and actionable, they can take very different forms.

Perhaps the most succinct explanation of the two causes of action comes from a four-year old Connecticut Appellate Court case: Quid pro quo sexual harassment, as its name suggests, conditions employment on the return of sexual favors; hostile environment sexual harassment is conduct that “has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.”

There is a related variant, retaliation for complaining about sexual harassment, that also gives rise to a cause of action but which must be separately pleaded and proven.  That is why a victim of sexual harassment or retaliation should consult with an experienced employment law litigator before framing the particular allegations of a lawsuit.  At trial, you will be held to the allegations of your Complaint and limited to presenting only evidence in support of your claims.  Thus, if you plead quid pro quo, you may not be able to prove hostile work environment, or vice versa.

The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues.  Please contact our Westport office at 203-221-3100.

Hostile Work Environment vs. Quid Pro Quo Sexual Harassment

As an employment law attorney I can get too accustomed to the legal jargon.  One question frequently asked by prospective clients is “what is the difference between hostile work environment and quid pro quo sexual harassment?”  While both types of employment discrimination are illegal and actionable, they can take very different forms.

Perhaps the most succinct explanation of the two causes of action comes from a four-year old Connecticut Appellate Court case: Quid pro quo sexual harassment, as its name suggests, conditions employment on the return of sexual favors; hostile environment sexual harassment is conduct that “has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.”

There is a related variant, retaliation for complaining about sexual harassment, that also gives rise to a cause of action but which must be separately pleaded and proven.  That is why a victim of sexual harassment or retaliation should consult with an experienced employment law litigator before framing the particular allegations of a lawsuit.  At trial, you will be held to the allegations of your Complaint and limited to presenting only evidence in support of your claims.  Thus, if you plead quid pro quo, you may not be able to prove hostile work environment, or vice versa.

The employment law attorneys in the Westport, Connecticut office of Maya Murphy, P.C. have extensive experience in the negotiation and litigation of all sorts of employment-related disputes and assist clients from Greenwich, Stamford, New Canaan, Darien, Norwalk, Westport and Fairfield in resolving such issues.  Please contact our Westport office at 203-221-3100.