QUESTION
can i be charged with a possesion crime stemming from a traffic violation i didnt commit after police searched my car?
Asked on Oct 27th, 2014 on Criminal Law - Illinois
More details to this question:
I was arrest for possesion of paraphenelia. I was initially pulled over for speeding 88mph in a 55mph zone. The police officer put in the report that a "vehicle" traveled past him going 88mph. He then pulled over a vehicle (black chevy cobalt) then claims after speaking with the driver quickly realized it wasnt the car he was looking for. Then pulled me over 9 miles down the road. Asked to search my car which i declined. They brought the k-9 unit and did so anyway. I was never speeding, my cruise control was set just as i normally do and i was very suprised to be pulled over.
1 ANSWER
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You can be charged with the possession crime.
The issue is whether the cops got the evidence in a legal way. You are saying they didn't. It sounds like there might be an issue there. If the cops did not get the evidence in a legal way, the paraphernalia is usually suppressed and the State will usually dismiss because they don't have any way to prove their case against you. The way to challenge the stop/search is a "motion to suppress".
Answered on Oct 27th, 2014 at 2:38 PM