search & seizures on Traffic stops
Question Details: On video tape I, was stopped for speeding, broken tail lights. My passenger had warrant for nonpaid tickets. He was asked to get out of the car, he complied & closed the door. He was placed in handcuffs. Then another officer arrived & the 1st officer told the 2nd officer I had been stopped for suspicion of DWI.. The officer then leaned way in the window & found drugs my passenger had stashed on the door, which can't be seen from outside vehicle. The officer then stepped back & asked for a consent to search my vehicle. I consented to, not knowing that the drugs were there. I was then arrested.
DUI / DWI Law Answers
If you were speeding and/or had a broken taillight it sure sounds like a valid stop was made, rather than a pretext stop.
You would have no basis for objecting to the arrest of the passenger.
Having consented to a search you would seem to have little grounds to object to the evidence they found.
This becomes a matter of getting a defense lawyer and reviewing all the facts in detail.
My senses is you'd want the lawyer working out a plea deal as unless you are a choir boy with a perfectly clean record and/or your passenger would say they were his and you knew nothing about them you'd have a major problem. Your lawyer could always try to convince a jury the drugs were not yours and there are issues creating reasonable doubt but I'd not be too optimistic.
Related DUI / DWI Questions
Didn't find your answer? Ask.
Top Ranking Attorneys
- Hong Shen207 Answers|Points 10350Gold Contributor
- Joseph Gasparrini46 Answers|Points 2200Bronze Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Shawn Jackson17 Answers|Points 850Bronze Contributor
- Glenn M. Lyon, Esq.27 Answers|Points 1330Bronze Contributor
- Hong Shen207 Answers|Points 10350Gold Contributor
- Kelly Broadbent81 Answers|Points 4000Silver Contributor
- Russ Pietryga78 Answers|Points 3850Silver Contributor
- Sharon Siegel62 Answers|Points 3090Bronze Contributor
- Michael D. Siegel56 Answers|Points 2750Bronze Contributor
- Paula McGill50 Answers|Points 2500Bronze Contributor
Are you a lawyer?Want to be featured here? Sign up for a free profile and get started today! Click Here
More Questions Like This...
 |