Page 1 of 2 1 2 LastLast
Results 1 to 10 of 12
  1. #1
    Join Date
    Mar 2011
    Posts
    4

    Default Did I Have a Illegal Search and Seizure

    My question involves criminal law for the state of:Florida I was pulled over because the cop said that I did not use my blinker. When running my tag he said that I was driving with a suspended liscense and was going to give me a ticket for that and let me go and another cop told him that he should search my car. The cop asked me could he and I told him no and then he said that he could get the dogs there I told him to do what he needed but no. The cop then proceeded to search my car and found drugs and then proceeded to arrest me when making out the police report he wrote on it that I consented to him to search my vehicle. The cop did not have me sign a paper consenting to him to search my vehicle. Can the evidence be supressed in this case because now it is my word againist a cops. Where is the gray area covered in court?

  2. #2
    Join Date
    Feb 2011
    Location
    Arizona
    Posts
    387

    Default Re: Did I Have a Illegal Search and Seizure

    That would depend on where the drugs were. If they were loose in the vehicle in plain view, the officer does not have to have a warrant.

  3. #3
    Join Date
    Mar 2011
    Location
    California
    Posts
    540

    Default Re: Did I Have a Illegal Search and Seizure

    It is not clear from the facts you recited whether it was legal for him to search your car, though it appears plainly illegal for him to write that you consented to the search of your car.

    If he allowed you to remain in your car, then he would have been allowed to search areas within your car that were within arm's reach. The theory is that such a search is necessary for officer safety. (In other situations, the need to preserve evidence is also a reason, but the officer is only entitled to use that reason to search for evidence related to the arrest, which does not apply here.) Such a search is called "search incident to arrest". See Arizona v. Gant (S.Ct. 2009) for details.

    If he removed you from the car, and especially if he handcuffed you away from the car, then he is not entitled to make a search incident to arrest. However, if you stopped your car in a place illegal to leave it, or if you stopped it in a legal parking place but did not have another driver handy to drive it away, the police are allowed to use the excuse of "community caretaking" to impound your car, and part of that process is to perform an inventory search. An inventory search is less extensive than a full-blown search.

    If the police did not meet either of those two requirements for community caretaking, then they are not allowed to impound your car, even if state law says they may. This is because the Fourth Amendment protects your personal property (effects) from being unreasonably seized without a warrant, and the U.S. Supreme Court has ruled that unless there is a constitutionally "reasonable" purpose for seizing a vehicle (such as community caretaking), such seizures are unreasonable and therefore unconstitutional.

    So, depending on circumstances, the police may or may not have been allowed to search your car.

    Since it you were arrested for drugs, I suggest you get a lawyer.

  4. #4
    Join Date
    Mar 2011
    Posts
    4

    Default Re: Did I Have a Illegal Search and Seizure

    There was another cop that held me back away from my car unhandcuffed while the other cop searched my car without my permission and then as a result of what he found in my car(that was not in eye vision of the cop and he looked in my purse) he then arrested me I did not sign anything stating that they could search my car. I was told that I could ask the judge to supress the evidence because the cop had no reason to search my car that it was a illegal search and seizure.

  5. #5
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Did I Have a Illegal Search and Seizure

    Quote Quoting tamf0rlando
    View Post
    There was another cop that held me back away from my car unhandcuffed while the other cop searched my car without my permission and then as a result of what he found in my car(that was not in eye vision of the cop and he looked in my purse) he then arrested me I did not sign anything stating that they could search my car. I was told that I could ask the judge to supress the evidence because the cop had no reason to search my car that it was a illegal search and seizure.
    What kind of drugs did they find?

    Regardless, suppression motions are not a Do-It-Yourself task. You need an attorney to review the full facts of the case and advice you accordingly. Or you can plead not guilty and ask for a public defender.

  6. #6
    Join Date
    Mar 2011
    Posts
    4

    Default Re: Did I Have a Illegal Search and Seizure

    I do have a Public defender and he said that he will ask the judge to supress the evidence , but it is up to the judge if that will happen because it is my word againist the cops word . That is if he did search my car illegally because the cop wrote on the police report that I let him search my car and I did not say that to him, he threatened me with the dogs and I told him do what he needs to do but I do not give consent.

  7. #7
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Did I Have a Illegal Search and Seizure

    Quote Quoting tamf0rlando
    View Post
    I do have a Public defender and he said that he will ask the judge to supress the evidence , but it is up to the judge if that will happen because it is my word againist the cops word . That is if he did search my car illegally because the cop wrote on the police report that I let him search my car and I did not say that to him, he threatened me with the dogs and I told him do what he needs to do but I do not give consent.
    You didn't answer my question:
    Quote Quoting That Guy
    View Post
    What kind of drugs did they find?

  8. #8
    Join Date
    Mar 2011
    Posts
    4

    Default Re: Did I Have a Illegal Search and Seizure

    why does it make a diffrence?

  9. #9
    Join Date
    Mar 2009
    Location
    LA LA Land
    Posts
    9,170

    Default Re: Did I Have a Illegal Search and Seizure

    Quote Quoting tamf0rlando
    View Post
    why does it make a diffrence?
    It may depend on what the officer saw/heard/smelled... etc, and how he will testify as to what you said or didn't say. Specifically, this part of your original post:

    The cop asked me could he and I told him no and then he said that he could get the dogs there I told him to do what he needed but no.

  10. #10
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,658

    Default Re: Did I Have a Illegal Search and Seizure

    Quote Quoting That Guy
    View Post
    It may depend on what the officer saw/heard/smelled... etc, and how he will testify as to what you said or didn't say. Specifically, this part of your original post:
    I don't know how people come here asking for help and feel offended when asked a question that may help them get out of trouble, or in this case, help them understand why the officer made the search.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Search and Seizure: Illegal Search and Seizure
    By Bango in forum Criminal Procedure
    Replies: 28
    Last Post: 07-23-2011, 08:33 AM
  2. Search and Seizure: Illegal Search and Seizure
    By jaegermonster in forum Criminal Procedure
    Replies: 8
    Last Post: 07-26-2009, 10:37 AM
  3. Search and Seizure: Illegal Search and Seizure
    By NiN in forum Criminal Procedure
    Replies: 12
    Last Post: 04-22-2009, 05:48 PM
  4. Search and Seizure: Illegal Search and Seizure
    By Carlos_64 in forum Criminal Procedure
    Replies: 8
    Last Post: 01-30-2009, 10:40 AM
  5. Help with illegal search and seizure
    By taters mcphar in forum Police Investigations
    Replies: 10
    Last Post: 10-28-2006, 03:38 PM
 
 
Sponsored Links

Legal Help, Information and Resources