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.
Personal Injury Lawyer
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.
The Grupp Law Firm
842 W. Kathleen Ave.
Coeur d'Alene, Idaho 83815
1 lawyer agrees
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
The information provided is intended for informational purposes only and should not substitute for the advice and counsel of an attorney. This information does not constitute legal advice. We ask that you consult with a lawyer, as your facts are unique and because each situation requires analysis from many different perspectives. We cannot be responsible if you rely on information based on this website without the consultation of an attorney.
1 found this helpful