QUESTION
What can I do if I was pull over and arrested for no reason then my car was searched?
Asked on Oct 24th, 2012 on Criminal Law - Georgia
More details to this question:
I was driving with my dog to get some coffee the other morning. I was about to pull into the shopping center when I got a signal to pull over. Since I had no idea what was going on, and I was raised to respect police officers, I did that. Within 30 seconds he yelled at me to get out of the car, I was under arrest. I asked "what for?" He replied I had a warrant in another county I have never had a ticket in. I replied "there is no way I have a warrant." but complied with the officer. Within a minute, I was in hand-cuffs in the cruiser and three detectives searched my car and found narcotic prescription without a label. The entire time in the back of the cruiser, he could not provide information about me having a warrant, nor on his computer did it state I had one. Now they took my cell phone to search to try and give me a trafficking ticket. Along with the possession. Both are felony 4's and I will not only lose my job but my mothers and childrenโs house. My family knows the prosecutor in said county where I was told I had a warrant (the reason they pulled me over) and I have never in my life had one from there. I even asked the judge when getting bonded out of jail about the warrant and if I needed to go to that county to take care of it. He replied "What warrant?" I have never had a felony, and a couple misdemeanor pot possessions, but those where before I had kids and was in college. I feel I had all my rights as a good citizen clearly taken and missed work and now possibly losing a lot more in life. I am a single father taking care of two kids and my mother.
7 ANSWERS
John J. Carney
Call my office for a referral to a good criminal lawyer. The search was possibly illegal unless the warrant was valid or you gave the officer consent to search. You must have all medications in the prescription bottle, but that will be dismissed.
Answered on Nov 02nd, 2012 at 11:43 PM
Gary Moore
Forget about the shock of the experience and focus on winning your case. With a decent criminal lawyer the charges filed against you should be easily dealt with. After your charges are dismissed you can consider suing the police, but be careful not to mention filing a lawsuit until your criminal matter is favorable resolved.
Answered on Oct 27th, 2012 at 2:33 PM
1 Award
An officer needs a reasonable suspicion that you have committed a crime in order to pull you over. If he doesn't have that, then, yes, it is illegal to pull you over. If you never had a warrant, then you have a good case to suppress all the evidence seized from your car. You need to hire a lawyer immediately to help you with your case. Also, do not talk to the police without a lawyer present.
Answered on Oct 27th, 2012 at 2:05 PM
Michael J. Breczinski
Did you have a prescription for the drugs? Whose drugs were they? It sounds like a bad stop and you may be able to get the results of the search suppressed. Get an attorney.
Answered on Oct 25th, 2012 at 5:14 PM
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You need to get an attorney to help you.
Answered on Oct 25th, 2012 at 5:14 PM
Leonard A. Kaanta
You need an attorney to fight this.
Answered on Oct 25th, 2012 at 5:13 PM
They cannot. Call an attorney immediately
Answered on Oct 25th, 2012 at 5:12 PM