How would an attorney go about haveing a search thrown out based on "coerced search" or any search when someone was just stopped for a tag light but did consent to a search which was coerced
2006-09-02 07:04:25 · 3 answers · asked by carebarri 2 in Politics & Government ➔ Law & Ethics
It depends upon what you mean by "coerced". If the person said yes because he or she is scared of cops, but the cop didn't do anything out of the ordinary, that's not coercion. If the cop said, for no reason at all, that he wanted to search the car and if the driver didn't consent, he'd keep the car at the roadside and go get a warrant, that would probably be coercive. Cops who play dirty, though, usually will make something up to justify the search.
You would get it thrown out by moving to suppress the evidence citing a fourth amendment violation.
2006-09-02 07:29:39 · answer #1 · answered by y_nevin 2 · 0⤊ 1⤋
If the search was based on consent, and the consent was not voluntary, then there was effectively no consent.
Thus, unless there were independent legal grounds for the search, anything obtained through a non-consent search is inadmissible at trial.
The difficulty is proving the consent was not voluntary. And in the case of an automobile, probable cause along is generally sufficient to sustain a search, even without consent.
These are really issues that your lawyer should be addressing.
2006-09-02 14:23:48 · answer #2 · answered by coragryph 7 · 1⤊ 0⤋
good ? Yahoo has answers
2006-09-02 14:07:21 · answer #3 · answered by Anonymous · 0⤊ 0⤋