I wanted to know what exactly constitutes illegal search of a vehicle. My boyfriend and a girl were driving and got pulled over. My boyfriend was driving and the girl was the owner ofthe car. He was a legal, licensed driver with no warrants for his arrest at the time. Imediatley, my boyfriend was arrested. They then searched the car and found a little bag of meth. He went to jail and the girl went home. I know the driver is responsible for the contents of the vehicle, but was arresting him before the drug was found legit?
2006-10-01 23:57:56 · 11 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
It's understandable that you wonder about this, but there's really no way for you to achieve an accurate response in this kind of forum. The laws of search and seizure are extensive and complex (even for attorneys at times), and the only way you can even get close to a correct answer is to speak to your friend's attorney, but he won't talk to anyone but his client.
Everything else would be speculation. An answer would depend on first hand, detailed knowledge of all that happened, all that was observable, all that was said during the car stop...and how it was eventually put together in the officer's mind to justify a search. If there's something wrong with the search, it will in most cases be discovered as your friend moves through the court process. Even if you friend tells you all that happened, people who are accused of crimes don't ordinarily tell their friends and family the kinds of details that make them look culpable - that's just a nature human occurrence, even with the child caught with his hand in a cookie jar.
2006-10-02 04:38:08 · answer #1 · answered by nothing 6 · 1⤊ 0⤋
You did not give enough information to answer this question properly. However I will give it a shot.
You said your boyfriend was pulled over. So I assumen he made a traffic error that got him stopped. In the state of Texas, any traffic violation other than Speeding and Open Container are an arrestable Offense. So if the reason for the stop is anything other than one of those two yes the Officer could have arrested him on the spot prior to locating the drugs.
Usualy for small traffic violations, you will receive a writen warning or a traffic ticket, but an arrest is also possible.
Once he was arrested, it is legal for the officer to do a search incident to arrest. This allows the officer to search parts of the vehicle that were within reach of the arrested person to make sure he did not try to hide any contraband like drugs. If any contraband is located then the police now have a reason to search the rest of the vehicle.
If there is no one responsible to take possession of the vehicle then it will be towed. Before Officers tow a vehicle they will inventory it. This gives them a limited "search" of the vehicle. Meaning they can look any where in the vehicle that high dollar items may be located.
As another person advised, you have not given enough detail. There are may factors involved with making the decesion to arrest a person. Since you are refering to the other passenger as a girl then I assume you were not there. In the past 10 years of Law Enforcement the one thing I have learned is that people very seldom tell the truth as to why they were arrested. They want it to be the Officers fault they are in Jail and not their own.
Some other explinations as to why he was arrested could be: That he was not arrested right away and that they gave consent to search the vehicle. Or the drugs were in plain view when the Officer approached the vehicle.
One thing that we know is that there were drugs found in the vehicle. So we know that your boyfriend is not an honest person. I have never met a drug user or dealer that tells the truth.
2006-10-02 05:10:18 · answer #2 · answered by thanson73 4 · 0⤊ 0⤋
1
2016-10-30 21:44:09 · answer #3 · answered by Jeanne 3 · 0⤊ 0⤋
Was he actually arrested before they found the meth or just detained? If so, what was the charge? If he was under arrest then the police have the right to search the vehicle so long as he is still present at the scene. If he wasn't under arrest and the officer can articulate a suspicion that something illegal was afoot he is allowed to search the car. What did they do with the car? If they impounded the vehicle they are allowed and obligated to do an inventory search of the vehicles contents. If they find illegal items during the inventory, they can be used as evidence.
2006-10-02 00:33:22 · answer #4 · answered by Mike 3 · 0⤊ 0⤋
You said that your boyfriend had no warrants for his arrest AT THE TIME. I assume that you mean that he has been arrested a few times before, and is known to the cops.
Since meth was found in the car, the cop's assumption (probable cause) turned out to be correct.
It is also possible that he was wanted for something, and you just didn't know about it.
Maybe it is time for you to find some new friends.
2006-10-02 00:11:50 · answer #5 · answered by Anonymous · 1⤊ 0⤋
Your boyfriend didn't tell you the whole story, like what he was actually doing. The police had a reason to search the car and to detain him (or arrest him), and thats where the missing link your boyfriend isn't telling you. Its not the police with the integrity problem here.
2006-10-02 02:23:49 · answer #6 · answered by Judge Dredd 5 · 1⤊ 0⤋
Texas cops are great.
Besides that, they don't arrest people for NOTHING.
I think your boyfriend isn't telling the entire story and if you went and got a copy of the police report, you might find out the real reason.
2006-10-02 05:34:27 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Chances are her wasn't arrested initially. He was "detained" or "put in custody" for the Officer's safety. Remember... the Police don't know your boyfriend from Osama bin Fartin. They could pull over the Pope and still put him in cuff if they want to. With so many guns out there and so many crazies, you really can't blame them... oh... and where'd y'all say you live???... Texas?... yeah... I'd say they did the right thing.
2006-10-02 00:04:52 · answer #8 · answered by fiveamrunner 4 · 2⤊ 2⤋
sad to say,but unless you have alot of money for a good attorney he is screwed
2006-10-02 03:31:12 · answer #9 · answered by john doe 5 · 0⤊ 1⤋
what is your free ticket out of jail..whatever they found ..it has been seized illegally.
2006-10-02 00:00:16 · answer #10 · answered by Roxy 5 · 0⤊ 1⤋