I gave a friend a ride to work. she had gotten into an argument with her cousin's boyfriend because he was at that residents despite there being a order of protection against him. He in return called and informed the police where my friend was because she had a warrant out for her arrest. I did not know about the warrant at the time. The police showed up took her into custody and detained me. The officer asked for permission to search the vehicle I informed the officer that the truck belonged to my brother so I could not give consent. Upon finding that my license was suspended the officer then used "driving without privileges" as permission to search the vehicle. They did an open air sniff with a k9 that only hit after the officer touched the passenger door and then searched the truck where they found drugs and paraphernalia in her backpack and knife that had a hidden compartment in the handle. I was arrested and charged with possession of a controlled substance as was she but I was never charged with driving without privileges the charge they said allow them to search in the first place. Is the search legal?
No doubt if you ask district attorney to add that additional charge back in I’m sure they will.
Never look a gift horse in the mouth.
Stop posting details that tend to incriminate you on the Internet on open and public websites and hire a local criminal defense attorney immediately.
I wish you the best of luck.
NO ATTORNEY CLIENT PRIVILEGE is created by this or any other response by Attorney Rafter on Avvo. Answers in Jurisdictions other than the State and Federal courts in Virginia are anchored in general legal principals not state specific law. Mr. Rafter is licensed in the state and federal courts in the Commonwealth of Virginia. For specific responses on your specific issues and the laws in your state, you need to speak directly with an attorney in your own state. It is generally not possible for anyone to post sufficient facts or details about their situation that would generate a response on this or any other website that would fully and adequately address the legal problem posed. The answer to “speak to an attorney” is absolutely proper and correct in every situation.
If the police stop a car for speeding, and see a dismembered body in the back seat when they walk up on the vehicle, nothing about what happens after that is going to be defective because they didn’t issue a citation for speeding.
That is, the charges you end up with are irrelevant to whether or not a search is legal.
DWP doesn’t allow search of a vehicle. An arrest and towing the vehicle could allow for an “inventory search.” However, if you were not arrested for the DWP, that can’t lead to the tow, and that cannot lead to the inventory.
When a K9 sniff is involved with a traffic stop, the sniff isn’t a search, but it leads to a search. The persons have to be lawfully detained at the time of the K9 sniff, or the officers may have exceeded the duration of their original stop, and the continued detention may be illegal, therefore the search based on the sniff may be illegal.
Search issues are analyzed based on the information available to the police officers at the scene, and not based on the information that the defendant may have. Consequently, a competent analysis of a search issue normally requires a review of the state’s evidence. You should hire counsel or ask the court to appoint counsel.
The existence of a warrant for your passenger complicates things, and it complicates things that she had property inside the vehicle.
This is intended for informational purposes only and should not be relied upon. Legal problems are very fact-specific and anyone with a legal problem should consult with an attorney.
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