QUESTION
While doing such he discovered a controlled substance that was inside of paraphernalia, what action should I take?
Asked on Oct 18th, 2012 on Criminal Law - New Jersey
More details to this question:
Police pulled me over claiming registration wasn't current even though I had a visible temporary registration in the designated area in my window. Upon acknowledging, he continued to remove me from my vehicle and searched it without any stated probable cause.
8 ANSWERS
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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Your attorney needs to run a suppression motion. If the reason he pulled you over was immediately negated, and nothing new popped up (eg, you were under the influence while driving, or he smelled marijuana in the car) then the evidence should be suppressed and the case dismissed.
Answered on Oct 23rd, 2012 at 3:39 PM
John J. Carney
The police have no right to search a car unless you gave them consent. Your lawyer will run a suppression hearing to have the drugs suppressed at trial and the case could be dismissed.
Answered on Oct 23rd, 2012 at 3:38 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Hire an aggressive criminal defense attorney in your area.
Answered on Oct 23rd, 2012 at 3:38 PM
A law enforcement officer needs probable cause to search a persons car. Based upon your fact pattern the officer did not have the required probable cause required for the search. When this goes to court your attorney should run a suppression motion and if he wins make a motion to dismiss.
Answered on Oct 23rd, 2012 at 7:59 AM
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This may have been an illegal search of you, depending on what the officer said. If he asked for your permission to search you, then you should have said no. If he ordered you out of the car, then it was an illegal search and you should hire a lawyer to help you suppress the evidence.
Answered on Oct 23rd, 2012 at 12:31 AM
Hire a lawyer to file a motion to challenge the constitutionality of the stop.
Answered on Oct 23rd, 2012 at 12:23 AM
Michael J. Breczinski
If he arrested you or gave you a ticket, I would fight the matter on the issue of the illegal search. Get a lawyer and do that.
Answered on Oct 22nd, 2012 at 11:35 PM
Gary Moore
It sounds like an unlawful search. Hire an attorney.
Answered on Oct 22nd, 2012 at 11:24 PM