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my husband got pulled over for speeding, there was a bag of cigarettes on the back floor of the car, the cop siezed the bag of cigarettes and a license plate from the trunk assuming that they were stolen and arrested him for recieving stolen property and retail theft not knowing if a crime was committed. the officer called the store who's name was on the bag to see if they were missing any cigarettes and they said they could be ,but were not certain can they arrest him on these charges if no crime was reported by the store. the car was in my name , my husband did not give permission to search the car neither did I. are they allowed to search the car without permission and seize items. there is a suppression case that went to appeal court in PA ,723a.2d 644decided in1999 comm. vs. sierra similar to our case would you use this case as presindecnce in our case?remember no speeding ticket has been issued as of yet . they ceased the traffic stop and immediately started a criminal investigat

2007-08-22 05:44:06 · 6 answers · asked by Ruth A 1 in Politics & Government Law Enforcement & Police

6 answers

Yes, police are allowed to search a car and sieze any thing they find without a warrant. Anything is plain view is valid for a search.

2007-08-22 08:23:01 · answer #1 · answered by Bridget 3 · 0 0

"Criminal Question?" You came to the right place. WHEN he wins the case, SUE the S**T out of them: False Arrest, Slander, violation of Constitutional Rights, physiological Pain & Suffering; the list CAN be nearly endless! You want to make it so that the POLICE pull off the main streets & take the back roads whenever HE is on the road! I do it.
FTP!!!

2007-08-22 06:12:44 · answer #2 · answered by Anonymous · 1 1

That situation is so complex that not even your extended rambling is enough to cover the aspects of the case that need to be reviewed.

Contact an attorney.

2007-08-22 05:48:38 · answer #3 · answered by Citicop 7 · 1 2

i thnk they are allowed to search the care without a warrant but you should try to go to court

2007-08-22 05:48:32 · answer #4 · answered by D 2 · 1 1

the cop thought he had probable cause so then he can search the car.

2007-08-22 05:56:28 · answer #5 · answered by Anonymous · 0 1

you need to speak with a lawyer form your state...

2007-08-22 05:50:14 · answer #6 · answered by Anonymous · 2 0

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