My question involves search and seizure law in the State of: MS
If Vehicle A runs a road block and is then chased by the police, how is it that the driver of Vehicle B, which is leaving it's home, at the end of the owner's driveway, and in no way the make, model, or color of Vehicle A, held at gun point, searched and arrested?
From my limited knowledge of the law, it can't. If the officer was in pursuit then he obviously knew what color, make, and model he was in pursuit of, therefore he had NO PROBABLE CAUSE to pull his weapon out on the driver of Vehicle B, search him, or arrest him, because he was ditched by Vehicle A.
So, since this was an illegal search, the arrest and whatever found, whether it be drugs or otherwise, is not permissable in the court of law, correct?
We're asking because this indeed took place Sunday night, and the person arrested already has 2 felony drug charges and if convicted this will be his third. Given the KNOWN evidence we feel that this entire case can be thrown out so I have another question...
If the search was illegal, and the original case was thrown out due to illegal seizure, can those illegally seized items be used in any other case brought against the accused?