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Criminal Law/unlawful search????

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Expert: - 4/28/2007


Question
ok heres the scenario...i got pulled over today because i wasnt wearing my seatbelt. i had an outstanding warrant from four years ago. naturally they arrested me. however the person in the back seat had weed on her and they arrested her too...heres the question..they searched my car and trunk and nobody gave them permission to do so....upon searching my car they found a weed pipe under the drivers seat..and naturally charged me with that too.. is that unlawful search?? they did not ask permission..if so can i get the drug perephnelia charge dropped??

Answer
 You could try to get the drug charge dropped but you don't have the legal skill to do that.  Only an attorney would know how to manuver at a supression hearing and argue that the search was illegal.

  But I hate to burst your bubble but the courts have said over and over that the police have the authority to search a car at the time the driver is arrested.  

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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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