My boyfriend went to pick a friend up from a park where the friend played basketball at. As soon as he got there within 2 mins the police pulled them over. They firsked him for search and then started to search the rest of his car without a warrant. My boyfriend never consented for them to search his car he even told him they couldn't search his car without a warrant and they still did it anyway. Unfortunatly his so called "friend" put a package of cocaine underneath my boyfriend's passenger's seat. Since it was my boyfriend car and the friend pleaded not guilty but boyfriend felt he had to choice but to plead guilty before the court tries to find him guilt and punish him more for it. Is there any way or how can he fight this case. Can he say it was illegal and why, and what statements do we use.
2006-10-17 18:26:47 · 17 answers · asked by anjanel0204 1 in Politics & Government ➔ Law Enforcement & Police
If the search was illegal then his attorney should have challenged it before your friend plead guilty. His admission of guilt certifies that the evidence against him was valid.
You might want to look at his story with a little more skepticism also. The scene you just described sounds an awful lot like your friend met his dealer at the park and the dealer dumped his drugs when the police showed up. That's how the police saw it. The fact that the law rolled up two minutes after he arrived means they were watching that park. It was probably a hot spot for drug activity.
Every kid who gets busted for illegal "anything" tells their friends and family that it belonged to the other guy and he was just an innocent bystander. You do the math.
2006-10-19 03:59:20 · answer #1 · answered by Cain 3 · 0⤊ 0⤋
You never said what the police pulled them over for. If the traffic stop was valid, then the rest sounds like it will stand up in court.
Anytime an officer is dealing with a person for a lawful reason, the officer has a right to ensure his/her own safety. There are a couple of ways the U.S. Supreme Court has said they can do this:
1. The officer can conduct a "frisk" or pat down of the subject for weapons. The officer can pat down the outside of the person's clothes checking for weapons.
2. If the person is in a vehicle, the officer can perform what is called a "wing span" search of that vehicle. This means that the officer can search any area of the vehicle that could be reached by an occupant of the vehicle. If there is more than one person in the car, that will generally include the entire passenger compartment of the vehicle.
If, during either of these searches, the officer finds evidence of any other illegal activity, that evidence is admissable in court. Just because they are looking for weapons, doesn't mean they can't charge him with drugs if they find them.
Your boyfriend should get a lawyer regardless, because he is facing jail time. And his lawyer can try to argue the search was illegal, but it probably won't work.
2006-10-17 21:33:54 · answer #2 · answered by RJ 4 · 0⤊ 0⤋
The police can search your car any time they can prove probable cause. That is, if your boyfriend looked like he was doing something illegal the police can search the car. The do not need a warrant for searching the car.
Never ever ever ever say that you are guilty just because you think the court will be mad at you if you don't. That is silly. Don't talk to the police. Get a Lawyer. Do what the lawyer tells you to do. Always tell the lawyer the truth.
You're in trouble.
2006-10-17 18:33:05 · answer #3 · answered by Cattlemanbob 4 · 0⤊ 0⤋
Get a lawyer now!!!!!!!!!! The Fourth Amendment of the Constitution guarantees your right against illegal search and seizure. Did the police have reason to suspect that there were drugs in the car? If they did, it's because they had your boyfriend or his friend under surveillance...in which case they would have had a warrant. Did they observe a drug sale take place immediately prior to being pulled over? Then they had probable cause. Without being able to prove probable cause, the cannot search you or your possessions! The burden of proof is on the state! Rights are like muscles and must be exercised or they will wither away! GET A LAWYER!!!
2006-10-17 18:39:59 · answer #4 · answered by happygogilmore2004 3 · 0⤊ 0⤋
Most police car units have an on-board video system that constantly records all activity within its range of view. Officers driving these units also are outfitted with sensitive wireless microphones, so they can record anything spoken--by either them or the suspect.
If the boyfriend is seen AND recorded on such a device, stating he does NOT consent to police search--then his lawyer would be smart to subponea THAT video tape. This would show the police made an illegal car search. Doubts exist their "probable cause" excuse would hold merit.
The police would have to present some strong compelling probable cause reasons to proceed with a car search WITHOUT expressed consent of the car's driver / owner.
If the boyfriend has NO prior police convictions on ANY charge, then he has a good chance of avoiding prison.
And what is your boyfriend doing associating with druggies??? Ever thought boyfriend may have been set up by a rat druggie working for police in exchange for a deal package??? Hey: it happens.....A LOT!!!!
2006-10-17 18:36:14 · answer #5 · answered by Mr. Wizard 7 · 0⤊ 0⤋
I think the police have to ask you if they can search your car or not, but if you say no then they probably impound it until you say yes. They can search it "for good reason", eventually. If your boyfriend told them no, then that probably meant to the police that he was guilty and hiding something.
Haha...your bf "felt he had no choice but to plead guilty". Hey, a man pleads guilty only if he is guilty. He could have plead "no contest". Means he did have it in the car but he didn't put it there and didn't do cocaine. Sounds to me like was doing cocaine.
It's too late now, he's admitted to it. Ask the attorney to plead the least amount of time. He should have talked with his attorney first before making a statement.
2006-10-17 18:33:12 · answer #6 · answered by sophieb 7 · 0⤊ 0⤋
lawyers have an instinct about when someone is guilty. If you're not satisfied have them give him a polygraph. I'll bet your bf will even say no to that idea. If your bf was held in a cell for a while he probably talked with some of the other guys there. If he said he was guilty that probably got back to his attorney. And, attorneys hire detectives, and they take fingerprints off the packets, etc. The law says that if you own a car, and there's illegal stuff in it, the owner of the car gets the blame. Maybe your bf should be more cautious about who he lets into his car, and choose better friends. What you don't understand is that there is no one who could "help". He IS guilty if it is found in his car. Is that understandable now? I wasn't there so I don't know how his friend got off...that's between that guy and his attorney. Maybe your bf will learn a lesson from this.
2016-05-21 22:44:20 · answer #7 · answered by Anonymous · 0⤊ 0⤋
It's very hard to answer that, since you don't even say what country this happened in... but, in general terms:
They don't usually need a warrant to search you, or your car.
... only to enter and search premises.
If there is "probable cause" to suspect that there may be something going on, they are perfectly correct in searching your car. In practice, this means, if they think you look guilty, they search it
In some places, they are supposed to ask if they can search your car, and, if you refuse permission... they'll impound it and search it at the shop.
Since he took a plea, he's screwed himself.
The search was legal, and, as the driver/owner, he's responsible for what goes on in the car.
A good attorney might be able to rescind his plea and take it to court, but it's going to be one person's word against another... and the friend isn't going to be a reliable witness...
2006-10-21 16:32:42 · answer #8 · answered by IanP 6 · 0⤊ 0⤋
Number one, police have the right to search your boyfriends vehicle if they were suspicious. If your boyfriend really said no to the search, they don't need a warrant, just a k9. He's screwed, sorry to say. And a bag of dope, he sunk himself. This basketball player must be a dealer, and your telling me your boyfriend didn't know. I am going to take a wild guess that the park he picked him up from is the park he sells in, right?
2006-10-17 18:34:24 · answer #9 · answered by designsbyniki 2 · 1⤊ 0⤋
If you didn't give consent...they have to either have a really good reason.....or a warrant..the same happened to me.....though I had no drugs....I declined their offer to "inspect" my car.....they totally were p!ssed.
Plead not guilty....and make sure your lawyer knows they didn't ask permission and there was no reason for them to search....of course the cops will lie...I know..my dad was a cop for 30 yrs..and I have been around them....they lie if they screw up.
Searching a person is legal.....safety issue.
2006-10-17 18:38:35 · answer #10 · answered by Anonymous · 0⤊ 0⤋