QUESTION

Do I have a illegal search and seizure case here?

Asked on Nov 29th, 2017 on Criminal Law - Pennsylvania
More details to this question:
I got pulled over for making a wide turn. The cop came to find out (a) I didn't have a license to drive and (b) I had 2 warrants for traffic incidents. (Supposedly..never heard about them since that night i got arrested).. He said he was going to "frisk my car for drugs and weapons and he in turn found a pistol that I dont have a license for and drugs.
Report Abuse

1 ANSWER

Criminal Law Attorney serving Exton, PA at Hyde Tebay Legal
Update Your Profile
Maybe, a wide turn is pretty flimsy for a reason for a vehicle stop.  That does not mean that the officer can't testify that he had a reasonable suspicion of a violation of the vehicle code.  These questions are very hard to answer without a more thorough intake and review of discovery.  You have two potential points of challenge, the stop of the vehicle, and the subsequent search.  The officer must articulate probable cause to search your vehicle, which they almost always say they smell marijuana.  Its an objective standard so its tough to challenge, but it can be successful.   Your best course of action at this point is to sit down with an experienced defense attorney.  Most attorneys worth their salt routinely litigate suppression on facts such as these and would be well versed in the current state of the law.  Trying to go it alone means you won't have the benefit of that training in experience.  These are highly technical arguments that require a good understanding of the current case law.  Do yourself a favor and talk to an attorney.  
Answered on Dec 11th, 2017 at 9:47 AM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters