If you get pulled over and searched without cause and found to have drugs on you, is the stop legal?

Asked on July 9, 2014 under Criminal Law, Louisiana

Answers:

Richard Southard / Law Office of Richard Southard

Answered 6 years ago | Contributor

There are entire books and treaaises written on automobile searches and seizures.  There are not nearly enough facts in your question to give an opinion on whether your stop was legal.  Ultimately the defense lawyer will make a motion for an Ingle/Mapp hearing where the legitimacy of the car stop as well as the legality of teh search and seizure are litigated.  The judge will decide if it is legal or not based on a totality of the circumstances.


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