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Is it weird that being searched 2 times and nothing was found, after a third search, something is found?

Houston, TX |

My husband was pull over for no insurance but the cop said he wanted to search his car (he has priories so I see the point of the search). The cop searched him first, nothing found. Searched the car. Nothing found. He was searched again. Nothing found. Was put in the backseat of the cop car. The car was searched again, this time more cops came to search the car. Nothing was found. When they got my husband out of the cop, there was a doobie ( a stub of a rolled joint) in the cop car. How is that possible? They searched his shoes, his pants, his jackets and etc. Can this case get dismissed and if it can, what are actions that we can do towards this case?

Attorney Answers 5

Posted

This is not an unheard-of situation.

What to do at this point is hire the best criminal defense lawyer you can. It is important to get one who is good with search and seizure issues. Search law dealing with vehicles has changes quite a bit in the last 5 years or so.

Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.

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4 comments

Asker

Posted

Thank you. That is very helpful information.

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

A couple over there...Kent Schaffer; Brian Wice; Cynthia Henley. And in Galvelston, M. Elizabeth Foley.

Asker

Posted

Are these lawyers?

Evan Edward Pierce-Jones

Evan Edward Pierce-Jones

Posted

Yes.

Posted

You need to hire a criminal defense attorney to review the facts and law in your state. Probable cause for the initial stop; warrant less search; subpoena records of people arrested in that vehicle and that policeman and prior shifts and who used the police car; and police policy on searches of car after arrest;etc. Get counsel.

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

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3 comments

Asker

Posted

The probable cause was that the officer said he was stopped because he didn't have insurance which my husband told him, truthfully. The officer said that if he didn't find anything in the car, he will let him go. Get counsel, what does that mean?

Frank Mascagni III

Frank Mascagni III

Posted

How would the officer know he didn't have insurance UNTIL AFTER he pulled the car over and asked the driver to produce proof of insurance? Get counsel means get a lawyer, a criminal defense lawyer.

Asker

Posted

I see. We are trying to find a criminal defense lawyer who can really help this case out.

Posted

I agree with the previous answers. You need to meet with an experienced criminal defense attorney as soon as possible. You will need someone local who knows the standard operating procedure for the police department who stopped your husband. That will tell you how they police are required to ensure the car is free of contraband after a suspect is taken out of car and before the ext suspect is placed into the car.

Additionally the attorney must be experienced in search and seizure as well.

Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.

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3 comments

Asker

Posted

Oh okay. Find someone local meaning talk to a police officer or someone close to knowing the standard operating procedures? Thank you very much for your advice as well.

Frank Mascagni III

Frank Mascagni III

Posted

I think attorney Barina meant to find a local attorney in the city/area where the arrest took place and the criminal case is pending.

Bobby Dale Barina

Bobby Dale Barina

Posted

Yes a local attorney is what I am referring to in my answer

Posted

I agree with my colleagues, but I also want to say that this is absolutely not grounds for dismissal of the charge. It might, however, create enough doubt in the mind of a jury to result in a verdict of not guilty at trial. But the emphasis is on the word "might." You never know what will happen at a trial.

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Posted

Your facts have many places for doubt. An attorney can exploit each of these.

Hire an attorney without delay.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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