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If my son got arrested for drug poss after a traffic stop and there was no probable cause for the stop will it be dismissed?

Hayden, ID |

The officer stopped the vehicle stating the tail pipes were illegal in Idaho. He had a misdemeanor warrant and then scared him into admitting drugs were in the vehicle.
I believeand am told that they are stock on his honda and I'm looking into that. If it is the case that they are not illegal will they have to dismiss the drug charges as there was no probable cause for the stop.
The vehicle is not in his name if it makes any difference.
I'm not advocating him getting away with it or him using drugs but I am worried his right may have been violated due to the police dept not being fond of his family name and making that vocally clear many times.

Attorney Answers 2

Posted

You are correct that a lack of probable cause to stop a vehicle could result in the case being dismissed by a judge. Your son's admission could complicate the picture, but the first thing that needs to be done is to look into the legality of the tail pipes.

James Bendell
The Grupp Law Firm
842 W. Kathleen Ave.
Coeur d'Alene, Idaho 83815
(208) 665-4600

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Posted

Yes. If the police lacked reasonable suspicion to make the stop and did not have probable cause to make an arrest, your son could motion the court to suppress the evidence and argue for a dismissal based on a violation of his 4th Amendment rights. You should consult with an experienced criminal defense attorney in your area who handles drug cases. Search on Avvo for criminal defense attorneys in your area. And, drive the

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