QUESTION
Can a cop search me or my bag if he was told he couldn't ?
Asked on Jun 23rd, 2018 on Criminal Law - Florida
More details to this question:
My boyfriend got pulled over for running a red light , cop said he was waiting on dispatch then ask my boyfriend to step out and speak to him. Then he asked me to do the same I did a few minutes later a k9 showed up ,cop said the dog hit on our truck so they started searching his truck when they grabbed my purse which was closed I said you don't have consent to search that and he said yes I do and I will ! Ive never been in trouble before but he found a small bag of weed and pipe ! Can I fight this
1 ANSWER
1 Award
Your attorney may be able, after a more detailed review of the facts (including the law enforcement officer's version) to file a motion to suppress the contraband found in your purse and/or the vehicle. However, filing a motion doesn't necessarily mean you will win. But the attorney, before filing such a motion, must have a good faith belief, based on the facts he/she gathered, that the officer exceeded his legal authority by the search. There are circumstances under which such a search will be allowed following a K9 alert. But that can depend on the length of the traffic stop -- whether the officer proceeded at a reasonable pace to issue the traffic ticket -- or whether he delayed the process to give the K9 time to arrive at the scene. There are other considerations also. Your attorney should be able to help you understand the potential defenses - as well as possible repercussions of winning and losing pre-trial motions.
Answered on Jun 27th, 2018 at 7:55 AM