Unlicensed driver stopped in a car that is registered to an auto repair company & is used as a loaner car. Police searched & drugs were found in the trunk. Was it legal for them to search the trunk without permission? Also when they seized the car it was full of mechanics tools can they legally keep them?
The tools should probably be returned. I can't see how the tools could in any way be considered evidence or contraband, so I don't see a basis for law enforcement to hold them. This person's lawyer can work to have the property returned. As for the search, there are so many factors and variables that must be considered in determining whether a search or seizure was constitutional. A lawyer needs to review the case to determine the best path forward.
Do not rely on this information. My office accepts clients from Avvo, but this initial impression is not protected by any privilege and is not attorney-client communication. You should consult a lawyer promptly about your legal matter.
The police can stop any vehicle they wish upon a reasonable suspicion of a "probable cause" that some illegality or criminal activity is in motion.
The mechanic tools and/or vehicle could be reclaimed by the rightful owner under specific circumstances. You'll need to consult in private with a criminal defense lawyer.
Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
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