So if I'm at like a sporting event and the police have someone tell them I'm acting funny and so they take me to the side and ask me if I've had anything to drink and I say no, and then they ask if they have permission to search me and I say yes and they find nothing, then have me do a breathalyzer test and I blow a 0.00. But after that they say I have "slurred speech" and "very dilated pupils" so they go out to search my car without my permission, is that allowed?
I suggest that you talk to a criminal defense lawyer in your area.
When the police ask permission, the answer is: No. If they ask why, the answer is that a lawyer told you to: "Just say no." It is never in your best interest to give them permission for anything.
Probably not. But you should not have submitted to their first harassment of questions and breath tests. Did they find anything in your car? If not, there is nothing to suppress; if so, it probably can be suppressed if the facts are as you relate.
the first question is always did they find evidence of a crime. If not then there is nothing to suppress. If you want to sue them for invasion of privacy that is not a criminal law question. If they found evidence of a crime in order for it to be admissible in court the search must have been legal. That means they must have had the right to get into your car to find/seize the evidence. There are several ways their entry might be legal. First is valid consent. Second is a warrant. Third is a valid warrant exception. There is an automobile exception but it still has requirements. Every search and seizure question is a mixed question of fact and law. Each is different and needs individual analysis by an experienced attorney who is in full possession of all relevant factors. Assuming you have been charged with a crime talk it over with your attorney to determine if the police had the right to be in your car.
Law Office of Patrick Lewis, www.TheKansasDefender.com (913) 558-3961, This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.
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