QUESTION
Can I be charged for possession of paraphernalia if i was illegally searched?
Asked on Sep 27th, 2012 on Criminal Law - Georgia
More details to this question:
Last night I got pulled over by a police officer and he asked to conduct a search on me and the backpack my friend had let me take from his house. I told him I would empty the contents out of my pockets and laid them on the police cruiser and pulled my pockets out. he then asked what was in my backpack and I told him all I owned in the backpack was clothes and a couple miscellaneous objects and that the backpack wasn’t mine and that my friend had given it to me because he didn’t know whose it was. He then asked if he could conduct a search of the backpack and I said "no, but I will open it to prove to you that there is clothes in there." he then stated he smelled marijuana and snatched my backpack out of my hand and began to search it without my permission. He then found a marijuana pipe that I had no clue was even in this backpack. So my question is "can I be charged for possession of paraphernalia if I was illegally searched?"
11 ANSWERS
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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More information is necessary before you can be given an opinion, but your questions raise issues. You should seek counsel before you speak with anyone, especially the police or prosecutor. They are not your friends.
Answered on Jul 17th, 2013 at 2:15 AM
Leonard A. Kaanta
You opened the backpack, you gave him probable cause.
Answered on Oct 01st, 2012 at 2:31 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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The legality of the search will have to be challenged in court.
Answered on Oct 01st, 2012 at 4:15 AM
You weren't illegally searched. You opened your backpack up to cop. Whatever he found is "fair game."
Answered on Sep 28th, 2012 at 7:30 PM
Because the law enforcement officer smelled marijuana he had probable cause to search the backpack. The search was legal. With the backpack in you possession at the time of the search you can be held legally responsible for anything in the backpack. You in your defense need to prove that the illegal items were not yours and that you did not have knowledge that they were in the backpack.
Answered on Sep 28th, 2012 at 7:29 PM
Criminal Law Attorney serving Novi, MI
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Law Offices of Stephen A. Barker
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You weren't necessarily illegally searched. If he smelled marijuana, he will argue to the Court that there were "exigent circumstances" to justify the search but many judges will disagree and suppress the search.
Answered on Sep 28th, 2012 at 2:20 PM
Michael Paul Vollandt
If the police made an illegal search and seizure of your person then the search is not good and the DA can not use the evidence against you. Ergo, no conviction.
Answered on Sep 28th, 2012 at 1:47 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Yes, people are often illegally searched and charged with possession of what was found. It is up to competent counsel to move to suppress the evidence obtained from an illegal search. Hire an attorney now.
Answered on Sep 28th, 2012 at 1:46 PM
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You can be charged, but you have a chance of avoiding conviction. It's up to a prosecutor to decided whether or not to charge you. If you are charged, then you should get an attorney immediately. Your attorney can make arguments that the search was illegal and therefore the evidence is inadmissible.
Answered on Sep 28th, 2012 at 1:43 PM
Personal Injury Attorney serving Atlanta, GA
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Anthony Overton Van Johnson & Associates, P.C.
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The short answer to your question is yes, you can be charged. If the search was illegal, an attorney can file the appropriate motion(s) to suppress the evidence as a result of an illegal search. If you have not already done so, you should retain the services of an experienced attorney right away. If the attorney is successful in suppressing the evidence, the case against you may be dismissed.
Answered on Sep 28th, 2012 at 11:10 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Yes, you obviously can be charged. The question is can you be convicted and that remains to be seen. Your lawyer will have to move to suppress the evidence based on an illegal search.
Answered on Sep 28th, 2012 at 11:08 AM