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In hall county georgia pulled over by banks county for expired tag. Me an girlfriend charged with stolen fire arm an tools to commit a crime. I had two 45s that I hadcjecked out by hall countybefor I bought them, got both from same guy.Again hall county did check them out an gave me the ok to buy them. Tools to commit a crime was a toolbox in the back of the suv. This was my grannys car an im not 5 min from house. Called her an she came to get her car, they didnt let her get it an had it impounded to banks county. They arrested me an girlfriend. 4 days later after first appearance we bond out. Told me I could have guns computer an tablets back. Still have grannys car said they had to get a warrant to search it an do a search befor we could pay to get it out. Can I sue is it even legale for a diffrent county cop to pull me over when not in his county an take me to his? Does my granny need a lawer about her car was it illegal taken an being heald? What do you thank about it all?

Answer
Justin-

You have about six separate issues in this one paragraph.

1.  We are not familiar with GA law, but ordinarily a county police officer cannot write a misdemeanor traffic ticket in another county. However, it can sometimes depend on the facts of the stop, i.e. did he observe you in his county and then simply follow you a short distance into the adjoining county before you stopped. Also, some states have a 1000' rule - allowing one county to enforce laws within a certain proximity to their jurisdiction.

2.  Based on your version of what the police officer did, it sounds like there was more going on here than a simple traffic stop. If stopped for a simple traffic ticket, how did the police officer see the two pistols in your car? How did he see and then open the tool box? Sounds like you might have been suspected of leaving the scene of a burglary in Banks County and they didn't spot you until you entered Hall County.

3.  If you and your girlfriend were arrested at the scene, the police could have pretty much searched the entire car pursuant to that custodial arrest. Why did they hold the car for 4-days to do so?

4.  What were the charges lodged against you and your girlfriend? Were you assigned a lawyer?
Why were the charges dropped?

5.  You should seek a civil attorney there in GA and give the facts to him/her.

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Kevin M. Tamez

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Kevin M. Tamez serves as one of the most senior and experienced consultants at The MPM Group, Inc. During more than 27 years of both state and federal law enforcement experience, Mr. Tamez held supervisory roles with state law enforcement as well as senior management positions with the U.S. Department of Justice - serving in both domestic as well as foreign posts. In addition to his extensive foreign operational experience, Mr. Tamez is a court adjudicated expert in most Title 18 and Title 21 complex criminal, undercover, and electronic (Title III) intercept investigations. As a senior manager, he is also an authority in most government administrative matters to include Human Resource and Workers’ Compensation issues. Mr. Tamez has broadened his already considerable expertise by authoring various legal reference and inmate advocacy manuals. Mr. Tamez is frequently sought after for his expertise in counseling and preparing convicted law enforcement personnel, politicians, and other “celebrities” for reporting to a federal penal facility.

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More than 27-years of both state and federal law enforcement. Uniform patrol, Tactical Operations, SWAT, Detective Bureau (Narcotics), and Uniform Supervision. U.S. Federal Agent (Series-1811), all facets of complex domestic investigations, Special Operations, Paramilitary operations overseas, senior management, strategic planning, etc.

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Mr. Tamez has authored several formal "Position Papers" as well as several legal reference manuals to include “The Pre-Release/Post-Release Process for Federal Inmates," “Medical Issues for Federal Inmates,” and “The Administrative Remedy Process for Federal Inmates,” thereby establishing himself as one of this industry’s foremost authorities in BOP procedural and administrative matters as well. In addition to his recent legal reference manuals and other professional publications, Mr. Tamez recently authored the critically acclaimed “The BOP’s Failure to Properly Implement the 2nd Chance Act of 2007” as well as the educational website www.FederalPrisonCampTour.com.

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Mr. Tamez holds a Bachelor's of Arts Degree and has done graduate work at George Washington University in Washington, D.C. Mr. Tamez is a graduate of the Northern Virginia Criminal Justice Academy and both the Basic & Advanced Special Agent courses in Quantico Virginia.

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