20/06/2024 6:43 AM

Fights Plog

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Research and Seizure from Vehicle

There are lots of circumstances in which a law enforcement officer can pull a vehicle about and lookup it for unlawful substances.  According to the fourth amendment a law enforcement officer is permitted to lookup the interior of a vehicle (including the glove compartment) if the operator of that vehicle has been pulled about for a site visitors violation.  On the other hand, the trunk of the car can only be searched if the officer has possible cause to consider that there are unlawful substances concealed there.  Impounded motor vehicles, on the other hand, can be totally searched and the contents catalogued for use in potential courtroom instances.

Illustration 1:  You have been pulled about for a minimal site visitors violation and the law enforcement officer sees a bag stuffed with an illicit substance on your passenger facet seat.  The officer could then have possible cause to detain you and/or lookup your human being and the rest of the vehicle including the trunk.

Illustration two:  You have been pulled about without the need of a driver’s license and your car has been impounded.  The law enforcement then lookup your car and find a bag of marijuana concealed in your trunk.  At this issue you could be charged with possession of an unlawful substance.

Illustration three:  You have been pulled about for a DUI and the law enforcement officer asks you to move out of the car in purchase to execute a lookup on your human being (a pat-down).  The officer finds methamphetamines in your pocket and you are then detained and your car impounded.

Illustration four:  Your car is parked outside the house of a retail outlet that you happen to be in and a law enforcement officer chooses to glance in your car window and sees drug paraphernalia in simple sight on the passenger-facet seat.  The officer waits for you to appear back again to your car and performs a lookup of the rest of the vehicle.

Surely, in all of these illustrations, the law enforcement experienced possible cause for a lookup and seizure.  On the other hand, lots of of these same circumstances are stuffed with concerns that can be litigated.  It is up to you to find appropriate illustration so that these concerns can be brought to the court’s notice as quickly as achievable.  Only a capable Prison Protection Attorney who specializes in drug-related crimes has the expertise necessary to file the appropriate motions with the courtroom and ask the appropriate inquiries of the law enforcement officers included to make these concerns.