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  1. #1
    Join Date
    Nov 2006
    Posts
    1

    Default How to fight an illegal search

    Couple nights ago at 3am, me and my buddy parked my dads' van in an apartment complex and we were walking across the street when a cop shined the lights at us and detained us. We had nothing on us, no burglary tools or anything but there was a screw driver near the van, outside though, and they assumed we were there to break into a car or something. However, the officer asked for the key to the vehicle we arrived in and said, "You don't mind if I take a look around" without waiting for my answer, he went towards my van and opened it and found drugs, drug pipes, and other tools and booked us for substance possesion, paraphenelia, attempt 2 commit crime, and burglary! I was shocked to go to jail that night, out on bail now, I could use some advise with this case. The cop never asked me if he could search my van, therefore, did he have my consent? Why would they add burglary to the charges, if they assumed we were going 2 commit a crime? (they checked all the cars and told us that no cars were broken into but that our intentions were to break into a car...isn't burglary the act of cimmiting a crime? not intent?

    Sorry 2 write so much but I could really use some help here...first time offense and I would hate to ruin my record, my life b/c of this...

  2. #2
    Join Date
    Jun 2006
    Location
    Arkansas
    Posts
    643

    Default Re: How to fight an illegal search

    To challenge the legality of the search within the context of a criminal prosecution you would file what is generally known as a motion to suppress evidence and allege each reason why you believe the search was illegal. With respect to consent, generally the burden is on the prosecution to demonstrate that the consent was freely and voluntarily given. You may also have an issue of standing to be addressed in your case since the vehicle belonged to your father. There may be other issues regarding the search under your jurisdiction's laws. If you are represented by counsel you need to address your concerns to counsel as counsel would file such a motion. Obviously what was seized from the van will be of critical importance to the case.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: How to fight an illegal search

    =To12o;68675]Couple nights ago at 3am, me and my buddy parked my dads' van in an apartment complex and we were walking across the street when a cop shined the lights at us and detained us.
    and this is where you, your buddy, or your dad live? If not, we have a lot of suspicion to start with.
    We had nothing on us, no burglary tools or anything but there was a screw driver near the van, outside though,
    Like where it would be if you had dropped it when the cops lit you up? Again, more suspicion.
    and they assumed we were there to break into a car or something.
    It doesn't sound like their suspicions were without some justification
    However, the officer asked for the key to the vehicle we arrived in and said, "You don't mind if I take a look around" without waiting for my answer, he went towards my van and opened it
    You handing the key to the officer will probsbly be considered your giving permission. If you did object to the search, why would you give up the keys, especially without argument.?
    I was shocked to go to jail that night, out on bail now,
    Why are you shocked? After finding drugs and burglury tools, you should be shocked to NOT end up in jail.
    The cop never asked me if he could search my van, therefore, did he have my consent?
    as posted earlier, you giving up the keys may be enough.
    Why would they add burglary to the charges, if they assumed we were going 2 commit a crime? (they checked all the cars and told us that no cars were broken into but that our intentions were to break into a car...isn't burglary the act of cimmiting a crime? not intent?
    Haven't looked up the statute but provable intent can sometimes be a charge in itself. You never know, this sounds like they were waiting for somebody such as you due to earlier burgluries, which may be a part of the charges for burglury you now have.

    first time offense and I would hate to ruin my record, my life b/c of this...
    Get an attorney. You probably won't get out scott free overall but have much less chance of a "good deal" without an attorney.

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