Can I be charges for the drugs in my car if the reason the cop gave to pull me over was my brake light wasn’t working?

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Can I be charges for the drugs in my car if the reason the cop gave to pull me over was my brake light wasn’t working?

I was pulled over for ‘a brake
light out’ and searched bc my
husband is on probation. Drugs
were in the car and I was
charged. My brake lights are
working just fine Can dash
cam footage be supeoned in
court to show proof that my
lights were working properly
and if so will this get my
charges dropped since the only
reason for pulling us over was
the brake light?

Asked on September 4, 2018 under General Practice, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

1) Yes, you can request "discovery" (e.g. subpoean) the footage in a criminal case.
2) IF the stop was pretextual--that is, the alleged reason for it was false--the evidence found on the stop can be thrown out. If the only evidence was the drugs found during the stop, that  should result in dismissal.
3) With a drug charge against you and with a reasonable chance to get it discrarded on procedural/evidentiary grounds, hire a criminal defense attorney to help you: the lawyer will know much better than you how to get the footage and, if it shows what you think, use it to exclude the drugs.


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