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Bluefield, VA |

I was arrested in Bluefield WV and in jail. After I was arrested a cop in civilian clothes and acting like a fellow Veteran buddy asks for consent to search my truck. I gave him consent because I had nothing to hide. A couple days later I found out I was wanted in Virginia for seeing me supposebly on camera getting into cars in a walmart parking lot. The cop from Virginia said he used the consent I gave the cop in Bluefield WV to search my truck. Did he have a right to search my truck with a consent from a different city and different state department?

Attorney Answers 3

  1. You need to hire a criminal defense attorney in your area ASAP. Your attorney will review the facts and case law as to whether or not this is a valid "consent" under state and federal law. Get competent legal 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..

  2. There are a questions that need to be asked here. You should speak directly with a qualified local attorney. Good luck.

  3. Whether you have provided consent sufficient to dispense with the warrant requirement is a factual question that requires more details to fully answer. While consent does not necessary remain valid after initial contact with police, whether it remained valid in your case--and what implications it has for your defense--are something that require further investigation and more details. You shouldn't be posting those details here; speak in confidence with a criminal defense attorney in your area to see what might be done about your charge and this search.

    Licensed in the Commonwealth of Virginia. The Creekmore Law Firm PC | 540-443-9350 | Please understand that no attorney-client relationship exists until entry of a representation agreement setting forth the terms and conditions of our engagement. Every person's circumstances are different, so nothing here should be taken as legal advice for your situation or as creating an attorney-client relationship. No outcome can ever be guaranteed.

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