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Criminal Law/Illegal Search??

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Expert: - 9/6/2009


Question
Someone was driving my vehicle and got stopped for speeding. After the officer got his license and wrote him the ticket he then asked the driver could he search the vehicle. The driver said no because it was not his vehicle and to call me to see could he.The officer then stated they do not have to call me. He called for back up and had the dog sniff the car but the dog kept trying to go across the street but the officer kept making the dog go to the car. Which then he found a illegal weapon in the car and one bag of cocaine one the person. I believe when he went to write the ticket he seen the driver previous record and then came to ask could he search the car. Is that legal for an officer to write a ticket and give it to the driver and then search an vehicle that is not the owner?

Answer
On the public roadways the police have much more latitude to search a vehicle than they do in the search of a house.  In your case the fact that it was not the drivers car has no bearing on the search.  It sounds like a good search to me but eventually a judge will decide if the search was legal because these are serious charges.  Your friends attorney will ask for a suppression hearing where a judge will rule on that matter.

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Jack Toomey

Expertise

Please do not ask me about potential jail sentences that you, your friends, or family might receive in court. There is no way for me to know that. Only a judge could answer a question like that. I am also NOT a probation officer or parole officer so I cannot answer questions that relate to parole or probation. Also please keep in mind that every state has different laws. If you are planning to ask a question about a specific law or criminal charge that pertains to your state only it could be difficult to answer. I also cannot give you legal advice on what to do or what not to do in court. Retired police officer with 26 years experience. Worked in the patrol division as well as over 14 years in the detective bureau. Investigated a wide range of crime such as murder, rape, robbery, theft, fraud, missing persons, and other very sensitive crimes. I am available to answer your questions about criminal law and especially as it applies to police work. I taught at the police academy for several years and am especially knowledgeable about search and seizure. Any question about criminal law is welcome! Please don't ask me to do your homework or ask me questions that obviously come from your teachers or professors. I also do not do online interviews or surveys. Young people need to gain face to face interviewing skills. Local police officers usually are very agreeable to assist in these assignments.

Experience

I am a retired police officer with 26 years experience. I investigated almost every type of crime including murder, rape, theft, missing persons, fraud, and domestic abuse. I am very knowledgeable about search and seizure and taught at the police academy for several years on a variety of subjects. I can answer questions that a lot of attorneys cannot since they do not have "street experience".

Education/Credentials
Bachelor of Science degree in Criminolgy from the University of Maryland.

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