If police were told that you have drugs, pulled you out of a parked car, put you in handcuffs and then brought dogs and searched the car to find the drugs, is that illegal seizure?
2007-10-09 04:26:33 · 6 answers · asked by veeMiami 1 in Politics & Government ➔ Law & Ethics
It's not like you are gonna get the drugs back, lol. If you need to ask this on Yahoo, then you obviously can't afford a good enough lawyer to get you out of this even if it was illegal seizure. Just try to cop a plea.
2007-10-09 04:39:13 · answer #1 · answered by ryan c 5 · 0⤊ 0⤋
Nope, I agree with KC V . (As in Kansas City hopefully)
Even if the informant hated you and made the statement to get even, the police were not a party to knowingly false information so the good-faith exception is in play.
There is nothing about this situation as stated that gives rise to illegal search nor seizure.
2007-10-09 04:38:01 · answer #2 · answered by hexeliebe 6 · 0⤊ 0⤋
As long as the police were told by a "reliable" source, it's legal.
And, pretty much everyone is legally considered a reliable source. Peace officers, ordinary citizens, and tested informants are all "reliable." Their word alone is sufficient to eslablish legal reliability. Information from untested informants (including completely anonymous, non-specific phone tips), without additional corroboration, is about the only information considered unreliable.
(Informant, in this context, is a person who usually has a criminal background, and provides information to police in exchange for reward or favorable treatment.)
2007-10-09 05:10:37 · answer #3 · answered by Mr Placid 7 · 0⤊ 0⤋
first it depends on who informed the police of the tip? an undercover or third person, since if the bases for the stop and custody of the person is sole based upon this third party alone testimony maybe illegal
it gets down did the police have probable cause to detain the driver of the car and the car when they made the stop? what was the reason for the initial stop
if it was a third person testimony, that alone maybe enough or may not be enough for a stop
2007-10-09 04:41:35 · answer #4 · answered by goz1111 7 · 0⤊ 1⤋
Nope....not from what you explained. The police received information about the car...the occupants of the car...the location...and the drugs.
There was most certainly probable cause which was further enhanced with a K-9 "sniff."
2007-10-09 04:30:15 · answer #5 · answered by KC V ™ 7 · 0⤊ 2⤋
Yes it is if they have a reason to suspect that you are in possession of illegal drugs
2007-10-09 04:35:26 · answer #6 · answered by Jan Luv 7 · 0⤊ 1⤋