Was my 4th Amendment right breached during a routine traffic stop? And if so, can my case be thrown out?

Asked almost 2 years ago - Fort Myers, FL

I was pulled over for running a stop sign and the officer went through the usual routine, but asked if he could search my vehicle at the end of the stop to which I responded in the negative. The officer then called for a K-9 unit; before the K-9 arrived (which it never did) a second police that arrived asked me to step out of the car and started searching my vehicle and found a gram of marijuana. I was promptly handcuffed and not read my rights and the officers searched my vehicle and went through pictures and texts on my cell phone. There was no paraphernalia in the vehicle and asserted that he had probable cause to do the search in the first place because he "smelled" only fresh marijuana in an airtight container stashed away in a compartment.

Attorney answers (5)

  1. Brenda A Drake


    Contributor Level 17


    Lawyers agree

    Answered . Based upon the facts as you've stated them, you should definitely consider hiring a private attorney in your area to check into the legality of that search.

    This response is for general purposes only and does not establish an attorney-client relationship. You should... more
  2. Joseph Cerino


    Contributor Level 11


    Lawyers agree

    Answered . Sounds like you may have a good motion to suppress. Consult with a local criminal defense attorney immediately.

    The answer to any question is for general purposes only and does not establish an attorney/client relationship.... more
  3. William A. Jones Jr.


    Contributor Level 20


    Lawyers agree

    Answered . As recounted by you the facts suggest multiple violations of your 4th Amendment rights. I say as recounted by you because you can be fairly confident that the account provided by the officers will be substantially different. Securing legal counsel now would be a very good idea. There may be evidence available to help corroborate your account, but that needs to be investigated by a knowledgable criminal defense attorney right away. Do not post anymore details anywhere on the Internet, including social media like Facebook. Start interviewing lawyers for the job of helping you make the best of an unfortunate but not uncommon brand of policing. Good luck.

  4. Martin Golab White

    Contributor Level 10


    Lawyers agree

    Answered . I agree with my colleagues, you need to contact an attorney in your jurisdiction who can investigate this case for you.

    Good luck.

  5. Alexander Mchenry Memmen

    Contributor Level 15


    Lawyers agree

    Answered . It sounds like you may have a strong case to have the evidence thrown out as "fruit of the poisonous tree." If you can come up with the funds, hire a local defense attorney right away.

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