I was stopped for a traffic violation and could only provide my license at the time. The officer went to his car and began to write tickets for not having my registration and insurance information. Another officer approaches the vehicle and begins to talk to me about the events of that night. He proceeds to walk back shines his light in my backseats and decides to turn around and asks if I have any drugs in the car I responded yes and told him what I had but he was not the stopping officer does that play any role in the case?
Hire a lawyer. He asked you a noncustodial question and you voluntarily gave him an incriminating response. Don't make any other mistakes. Hire a lawyer.
Your going to have to contact an attorney to review the police report and the facts to see if the stop can be suppressed. If the stop was unconstitutional then you have a better suppression issue. Under your fact pattern a motion to suppress wont be granted, since they asked you a question that you voluntarily answered. Unfortunately many people do not know that you do not have to talk to the police and can invoke your right to remain silent. Once you admitted that there was drugs in the car, the officer had probable cause to search. It didnt matter which officer you told that to, it could have been any officer. This is not to say there might be other issues to exploit, but for that to be known you have to consult with an attorney to go over your individual circumstances.
A motion to suppress evidence is something best handled by an experienced criminal defense attorney. Hire one.
Experienced Criminal Defense Attorney--Former Prosecutor--Put my experience to work for you!
You need to hire an attorney. Next time don't offer any incriminating information.
No attorney-client relationship exists by virtue of any AVVO Q&A with Keith Petrochko. Anything posted on AVVO, or anywhere online, may be used as a statement against your interest in a subsequent legal proceeding.
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