Man Searched and Arrested Not Involved in Original Crime

[pissedinMS]

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?

[aardvarc]

The problem is that just because YOU don't see an angle for probable cause, that doesn't mean probable cause didn't exist. Maybe a passenger in A bailed and officers were concerned that the person hijacked vehicle B. Happens all the time. Their cause for stopping B might be as simple as they've got a vehicle backing out into a police pursuit. Who knows. Your attorney will certainly pick apart the police report applicable to your arrest and challenge any probable cause aspect.

[pissedinMS]

The problem is that just because YOU don't see an angle for probable cause, that doesn't mean probable cause didn't exist. Maybe a passenger in A bailed and officers were concerned that the person hijacked vehicle B. Happens all the time. Their cause for stopping B might be as simple as they've got a vehicle backing out into a police pursuit. Who knows. Your attorney will certainly pick apart the police report applicable to your arrest and challenge any probable cause aspect.

I can see your reasoning but...The driver in Vehicle B, is very well known by the law enforcement community so this is DEFINITELY not a case of mistaken identity. And even if the officer assumed the driver of Vehicle A bailed, where was the abandoned car? The only car in sight at that moment was Vehicle B, which was pulling out of the driveway. Even if he assumed Vehicle B was a getaway car, he only saw one person inside. So if he checked the vehicle and found no other person nor contraband, that doesn't warrant probable cause to physically search the driver. Last I check you can't hide a grown man's body in your back pocket.

2nd, since it was a stationary road block that Vehicle A blew past, the officer had to run to his car and then pursue. For all he could have known, Vehicle A could have taken a left turn and been half way in the next town by the time the driver of Vehicle B was booked. To me and everyone involved, it all looks very suspect. We r trying to get an understanding on it, but at the end of the day, this man might do another stint in prison because an officer couldn't perform his job.