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Was My Automobile Illegaly Searched? Can Charges from illegal search stand up in court? Should we file charges against them?

Union Springs, AL |

My friend and I (black/white) stopped to switch drivers and had lights pulled on us from front and were surrounded, ordered out, hands in air, asked what we were doing (1/2 mile from his home). I told the truth, warned about lying, told I 'better' say what I had (nothing). Told them I had 3 lortab pills from my prescription bottle in my pocket (they never took). No consent given to search, nothing found inside, but bottle of Lortab 'found' (different than mine) on ground. Charged us with felonies for having them. I was asked if I was trading sex/drugs, cop JUST rehired after arresting mayor for DUI wrongly. Did nothing but stop in area (not the best). This was Thursday and not given bond until Monday. Why? Illegal search and seizure? Do we have a case? Please advise! Thank You!!

Attorney Answers 1


There are many issues that need further investigation. Whether or not the police had a legal right to confront you in the first place is the starting point. Under the rule of law established by the Supreme Court in the landmark case of Terry v. Ohio, a police officer must have, as a minimum, "reasonable suspicion" that a crime is or may be taking place before the officer can order submission to the officer's authority. This is a complicated area of Fourth Amendment law and there are many cases and court rulings that provide distinction deciding whether or not the time and location, the specific acts of the suspected persons, and other factors justify the police-citizen encounter.

It is plainly obvious that you need the professional assistance of a qualified criminal defense lawyer. There are many issues that need the review and evaluation by a criminal defense lawyer that is experienced in drug crimes and the defense drug suspects. In the Montgomery area, attorney Andrew Skier is one of the best criminal defense lawyers for drug offenses. Mr. Skier can be reached at (334) 263-4105.

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