who would win this law case??

Question

a police officer acting on an anonymous tip pulled over a vehicle. the officer told the driver that he was going to search the car for illegal drugs and weapons. the officer discovered an unregistered gun and a substancial amount of cocaine. at the arraignment, the accused pleaded not guilty.. ... who would win this case??? the government or the accused?

Answer 1

With the information you give, there is insufficent probable cause to stop the vehicle or search it. The Government loses.

Let me tell you it would be done. I get tipped that you, Bethay, are hauling illegal drugs. I find you driving on the highway. I am going to follow you until I spot you doing something illegal. Such as changing a lane without signaling. Maybe you are going a couple miles per hour over the speed limit. I stop you for speeding. Maybe you are going a couple miles per hour UNDER the speed limit. I stop you for impeding the flow of traffic. Maybe you got some dirt on your license plate. I stop you for an obscured plate. Get the idea? You are going to get stopped.
Now that you are stopped I will try to get you to consent to the search of your car. You would be surprised how many idiots agree to the search. If you don't agree, I can still legally look into the car. If I see anything to give me probable cause, I can search it. I can check for any warrants on you. Once arrested I can do an inventory check which will find your drugs and weapons. No warrants, and I REALLY, want to do the search; I can try pushing some verbal buttons and get you angry enough to justify an arrest for Disorderly Conduct or Interferring with a Police Officer. I get to do the search.

Getting a legal search done on a vehicle often depends on how inventive the officer can get.

Answer 2

From the information given, there is no way to tell who would win the case. There are too many missing variables.

We, police officers, get anonymous tips all the time. But you can only go so far with anonymous tips. (Florida vs. J.L.) If the officer was working solely from the tip (and no contact can be made with the person making the tip to verify information and ask questions pertaining to the tip) and did not establish any articulable reasonable suspicion or probable cause to stop the vehicle, then the case is dead in the water. If the officer was able to establish one of the two legal authorities, then we can move to the next step, searching the car.

If the officer had smelled the odor of burnt marijuana (State vs. Folk), then he could have searched it without consent. The driver could have given consent. (For some odd reason, druggies do not think that we will be able to find their stash and tell us to go ahead and look.) As long as the officer worked within the legal parameters, the search would be okay. This could also be with the driver being arrested (search incident to arrest) or maybe the drugs or weapon was in plain view of the officer. If the vehicle had no insurance and was going to be impounded, then the items were found during an inventory.

As long as the officer had the ARS or PC to make the stop, and the search was within legal parameters, the government will win.

Answer 3

Crimestoppers is a leading contributor to the prevention and maintenance of the law. If you are asking if the police officer performed an illegal search that could be a stretch. I am not a lawyer and these are simply my perspectives: It is my opinion an unregistered fire arm will automatically prosecute the offender, the cocaine as a toxin, mixed with a gun, and a potential vehicle accident could have resulted in a far worse crime. Thumbs up the car was pulled over !

Answer 4

The government would win this case. The anonymous tip is probable cause for searching the vehicle. The rights of the driver were not violated, the probable cause is enough to search the car without the search warrant.

Answer 5

There are a LOT of variables in this one. The nature of the specific law governing the contact and the search may vary depending upon state and in which Circuit Court of Appeals holds sway over the location.

Anonymous tips lacking sufficient specific, identifying detail are generally NOT going to be sufficient to justify a detention by itself. In those instances, the officer would have to identify some lawful cause to pull the vehicle over.

Next, the officer has to have cause to conduct a search. In this case he would either have to have the consent of the driver or probable cause to believe that there was contraband in the car. A "hunch" is generally NOT going to be sufficient. If he tells the driver he is going to search, the officer better have good cause, or the driver better be on probation or parole (with search conditions).

Since 4th Amendment challenges require a good deal of data and depend greatly upon said detail and the status of state law and federal court interpretation, the answer is not clear on WHO might win in this case. Without good cause for the detention, and without good cause, consent, or some exigent circumstance for the search, the state loses.

- Carl

Answer 6

well...

first of all the tip was anonymous therefore could be irrelavant since it's not authentic enough as proof of legal search without a search warrant

sure enough, found a unregistered weapon and illicit drugs in the car but the search ws uncalled for and could be deemed harrasment

if he indeed plead not guity, the case will still be against the accused but with a minimum sentence / fine or bail...
better still, he could walk out a free man ( finding something is one issue, tying the accused with the evidence is another )

Answer 7

The government would definitely win b/c if a police officer acts on suspicion of something/anything, they have the right to search the car. In addition, police usually ask to search a car & get consent. A car being searched is different than your house being searched. The police have a wider scope to search a car.

Answer 8

The police have to have reason to pull you over and just acting on a tip is not grounds for searching a vehicle, I say get a good defense team together and go for the win. We in the good old U.S.A. still have our rights.

Answer 9

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Answer 10

Depends on if the driver consented to the search - or if the officer had probable cause for the search.