Can a person be arrested for one charge, burglary, with no proof of entry, and then charged only with drugs found in vehicle? After being arrested for burglary that would be impossible to prove, the police then searched the vehicle and found controlled substance less than 1/4 gram and was only charged with possession with NO OTHER MENTION of the original burglary charge. Can the police make up bogus charges just to gain access or forcibly search one's vehicle?
2006-06-13 16:22:04 · 12 answers · asked by monicairv69 1 in Politics & Government ➔ Law Enforcement & Police
Yes, they sure can. The Police may arrest you with a complaint and then decide to drop the charges, often for lack of evidence.
There is no legal issue there. However, consult with an attorney about the evidence issue. Without probable cause the search should be invalid, therefore, the evidence would not be admissable. No evidence surely would make the charge go away. Good luck!
2006-06-13 16:27:57 · answer #1 · answered by NoJail4You 4 · 0⤊ 0⤋
A person can be charged for what was found, whether the charges will stick and whether the evidence will be suppressed is a different issue. In order to search a vehicle, there still needs to be probable cause. The threshhold is lower for a vehicle than for a home, but there still must be probable cause. If the drugs were in clear view, then you are possibly up a creek. The information you have given is not enough to make a clear determination of whether there was probable cause. In order to make a determination of whether there was enough probable cause, you would have to say whether you were driving before the car was searched, if the vehicle was used in the commission of the alleged burglary, if you were attempting to make a run for it and were getting into the car when you were apprehended and the vehicle was searched. Therefore, lawyer up. If the police try to talk to you without your lawyer present, shut up until you lawyer up.
Good luck!
2006-06-13 16:45:08 · answer #2 · answered by Lady Amazed 2 · 0⤊ 0⤋
yes is the short answer. Generally, if the police reasonably arrest you for a crime i.e. burglary and find evidence of another crime in the process i.e. illegal drugs, you can be charged with just the drug charge. Your question presupposes the burglary is impossible to prove and is a bogus charge.
That said, if the police did really make a bogus reason just to search a person/premise/vehicle, then the "fruits of the poisonous tree" or stuff found during an illegal search would be suppressed by motion of a criminal defense lawyer or even sua sponte [ spontaneously] by the court.
2006-06-13 16:34:00 · answer #3 · answered by Ira L 2 · 0⤊ 0⤋
all the police need is reasonable belief to make an arrest. Proof does not have to be beyond a reaonsable doubt.
Once a person is arrested if they are in thier car, the car would be impounded and inventoried ( searched but for the reason of accounting for all the property to give them a reciept) if other illegal items are found doing that inventory, they can also be charged with that.
Done for major traffic tickets all the time, to give them a legal right to search a car.
Next burglary depending on how it is written, they don't have to prove how he got in, so proof of entry is not impoartant as haivng reason to believe he was the person that did the crime.
He could have a key and walked in the front door.
And they most likley do beleive he did the other crime, just did not find stolen property in the car.
2006-06-14 01:07:50 · answer #4 · answered by Anonymous · 0⤊ 1⤋
If they had probable cause on the original burglary charge it is totally legal. Whether they decide to pursue the burglary charge is irrelevant. They don't need PROOF to the burglary either, just probable cause.
The legal basis of this is no less than the Bill of Rights, itself- 4th amendment.
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. "
2006-06-13 16:36:46 · answer #5 · answered by Anon28 4 · 0⤊ 0⤋
As a former LEO, yes. If the vehicle was used by the suspect or called in by a witness, it can be searched (4th Amend). The other charges depend on the situation. But remember, the person was only charged, not convicted...
2006-06-13 16:28:14 · answer #6 · answered by Bridget 2 · 0⤊ 0⤋
in Australia the Police have the right to search your vehicle any time they stop you while you are in it.
if you were actually arrested for a burglary but that charge was dropped you may have grounds for compensation or at least an apology but it would take time and effort.
2006-06-13 16:32:06 · answer #7 · answered by leadbelly 6 · 0⤊ 0⤋
Of course! Haven't you heard... "possession is 9/10 of the law". It sounds bogus, but whoever you're talking about was still in possession od an illegal substance. The fact that they dropped the initial charge means nothing. This person needs a good attorney to convince the jury of your point of view.
2006-06-13 17:30:26 · answer #8 · answered by shedavco 1 · 0⤊ 0⤋
Yes they can, that is why it called Probable Cause, can be charged with burden of proof laying in the hands of the Court, and yes one charge can be dropped in lew to another higher charge in the sake of justice
2006-06-13 17:43:11 · answer #9 · answered by back2skewl 5 · 0⤊ 0⤋
A vehicle can be searched without a warrant, but it sounds like total BS to me.
2006-06-13 16:27:07 · answer #10 · answered by tina's man 2 · 0⤊ 0⤋