QUESTION
I feel i was searched illegally do this sound to be illegall search
Asked on Dec 04th, 2014 on Criminal Law - Virginia
More details to this question:
We were pulled over for a headlight. The deputy proclaimed it's safety month can we search the vehicle the driver complied even though it wasn't her vehicle it was her sister in laws. As we exited the vehicle I was the passagner I was meet by another deputy he told me to empty my pockets onto the hood which if he feared a weapon he would've patted me down which was never done. Then he started going through my possessions pulled all of my cigarattes out of the pack and found a bag it was empty but had residue. I had not been placed in custody or put under arrest in VA I believe this is an illegal search what do you think.
1 ANSWER
1 Award
It is not clear to me whether you voluntarily complied with the officer's request to empty your pockets or whether you objected and he searched you against your will. If you complied, there is no issue. In either case, even if you were illegally searched, the remedy for that is that any evidence they find the incriminates you cannot be used in a criminal prosecution against you. It does give you some kind of legal claim against the police.
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Answered on Dec 06th, 2014 at 5:01 PM