More details to this question:
A friend exits my vehicle and I drive away. He makes a sale of drugs without my knowledge to a confidential informant after I am gone and no longer in sight. After the commission of the crime and the informant is gone, I come back to the scene and officers force me out of my car at gun point. I have no knowledge of what took place. Friend never gets back in my car and I was not there. The officers tell me I am being detained, for what they won't say. Later while being detained, a search of my vehicle turns up drugs in my vehicle, not in plain sight but hidden on the passenger side of my vehicle. I did not know they were there nor have seen them for they were not in plain sight. No traffic infraction occurred nor was I given any tickets. Was their search of my car legal? Is their probable cause present? Remember, I left prior to crime and arrived after the fact, whereas I saw nothing and friend never got back in my car.
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I think you have a good suppression issue but not necessarily a slam dunk. The DA will hang his/her hat on the fact that you came back. I would want to know how much time elapsed between your leaving and returning. I suggest you hire a good criminal defense lawyer.
Answered on Jul 15th, 2014 at 10:21 AM