Cop said "you look like you are on drugs" and searched my car without consent. He is not a doctor. 4th Amendment broken?
That certainly sounds a bit unusual. Probably requires delving a little deeper into the facts.
You may wish to contact John Fanney in Raleigh. He's an excellent attorney. Please say "hey" if you speak to him.
Best of luck to you.
NOTE: Although a response is provided to the specific question, there may be other facts and law relevant to the issue. The questioner should not base any decision on the answer and is specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background. NOTE: There may be other facts and law relevant to the issue. Readers should not base any decision on the;information provided herein and are specifically advised no client-lawyer relationship has been established. Put simply, seek the advice of competent counsel without delay to discuss the particular aspects of the case, factual scenario and historical background WHY: The content herein is provided for educational purposes and should not be inferred as applying only to DWI / DUI criminal defense. In fact, it may be equally relevant to claims of personal injury involving accidents and the consumption of alcohol or more simply, to the daily practice of law. Bill Powers lectures on such issues on a regular basis with the intent to educate, to be fair, to be accurate and to encourage, open, honest and scientific discussion on the subject. Attorney Bill Powers did NOT represent the Defendant in the particular cause of action.
It's worth running a motion to suppress assuming he found something and you were charged. There are many indications that a person is stoned upon which he could have based his observation. The whole thing will have to be tested in court assuming you were charged with something.
Because I was recently congratulated by an Avvo questioner for having the courage not to use a disclaimer, let me make it clear that I have always answered questions subject to the Avvo general disclaimer. The answers I give are for educational purposes and not to be relied upon for legal advice. No attorney-client relationship is intended or established by virtue of these answers.
Depends. The officer may be certified as a drug recognition expert (DRE). Even if the officer is a certified DRE, the State would still need to prove probable cause. I suggest you hire yourself a criminal defense attorney.
<a href="http://www.amoslawnc.com">Fred Amos</a> provides legal representation in Wake County , North Carolina. Any answer provided through this discussion board is a general response to the question and NOT intended as legal advice. Responding to this question does not constitute an attorney-client relationship. Always seek the advice of a lawyer directly to address your specific circumstances. Free consultation and flexible payment plans for <a href="http://www.dwidefenseraleigh.com">DWI's</a>.
Maybe. If you were not charged, not much you can do about it. If charged, tell your attorney exactly how it all went down.
NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. DO NOT RELY ON ANY ADVICE YOU RECEIVE FROM ME OR ANY OTHER ATTORNEY IN THIS FORUM. Legal advice comes after a complete review of the facts and relevant documents and an expressed (written) agreement of representation that forms attorney-client confidentiality. Neither of these two events can occur in this forum. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this or any other matter.
Depends if he was drug recognition expert among other things
Licensed & have offices in PA & NJ ONLY. (Philadelphia, PA & Marlton, NJ)
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline