This is not an unheard-of situation.
What to do at this point is hire the best criminal defense lawyer you can. It is important to get one who is good with search and seizure issues. Search law dealing with vehicles has changes quite a bit in the last 5 years or so.
Answers on Avvo are for general information purposes only and should not be relied upon as legal advice. No attorney / client relationship is created by providing this answer. For specific advice about your situation, you should consult a competent attorney of your choosing.
You need to hire a criminal defense attorney to review the facts and law in your state. Probable cause for the initial stop; warrant less search; subpoena records of people arrested in that vehicle and that policeman and prior shifts and who used the police car; and police policy on searches of car after arrest;etc. Get counsel.
I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..
I agree with the previous answers. You need to meet with an experienced criminal defense attorney as soon as possible. You will need someone local who knows the standard operating procedure for the police department who stopped your husband. That will tell you how they police are required to ensure the car is free of contraband after a suspect is taken out of car and before the ext suspect is placed into the car.
Additionally the attorney must be experienced in search and seizure as well.
Bobby Barina's answer to a legal question on Avvo does not establish an attorney-client relationship. Mr. Barina offers everyone a free consultation to discuss their case. Feel free to call his office at 254-699-3755 to make an appointment or visit his website at www.bobbybarina.com for more information about his services.
I agree with my colleagues, but I also want to say that this is absolutely not grounds for dismissal of the charge. It might, however, create enough doubt in the mind of a jury to result in a verdict of not guilty at trial. But the emphasis is on the word "might." You never know what will happen at a trial.
Your facts have many places for doubt. An attorney can exploit each of these.
Hire an attorney without delay.
Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.