QUESTION
Does his arrest being dropped due to illegal search help me?
Asked on Oct 18th, 2012 on Criminal Law - Maryland
More details to this question:
Cops used my arrested friend’s phone history to text people asking for drugs. I agreed and upon arrival at his home received another text to meet around corner where I was stopped, searched and arrested for hs 1178 &79. HIS ARREST WAS DROPPED DUE TO ILLEGAL SEARCH
8 ANSWERS
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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I dont know enough about your situation.
Answered on Oct 24th, 2012 at 3:47 PM
Dennis P. Mikko
If the information gained from the illegal search was the basis for your arrest, you may have a claim to have the evidence gained supressed. To make an accurate determination, all facts would have to be reviewed.
Answered on Oct 23rd, 2012 at 7:29 AM
Thomas Edward Gates
Yes, they would have gotten to you without the illegal search.
Answered on Oct 23rd, 2012 at 7:29 AM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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Your arrest has to be analysed, your attorney will do that.
Answered on Oct 23rd, 2012 at 6:57 AM
Yes, but you'll need an attorney to file the proper motions in court.
Answered on Oct 23rd, 2012 at 12:07 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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I assume you mean 11378 & 11379. The short answer is maybe. The problem is that you have to establish "standing" to challenge the legality of a search. That means you have to demonstrate that you had a reasonable expectation of privacy in the thing searched. You may have other issues - entrapment, additional search issues, etc. You need a good criminal defense attorney. I'd strongly suggest you find someone who focuses on criminal law and who routinely practices in the court where this case will be heard.
Answered on Oct 22nd, 2012 at 11:18 PM
The illegal search of your friend probably does not help you. You do not have an expectation of privacy in your friend's phone or any of his other stuff. If the police search him illegally but found evidence against you, that evidence may still be admissible. Doesn't seem fair, but that's the law. You should talk to a lawyer about your specific circumstances.
Answered on Oct 22nd, 2012 at 11:07 PM
Michael J. Breczinski
Probably not but there may be an entrapment issue.
Answered on Oct 22nd, 2012 at 11:07 PM