Does a cop have to identify himself before opening your car door and confronting you?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a cop have to identify himself before opening your car door and confronting you?
I was parked in my car at a landing one night during flood weather. I thought I was gated in at landing and couldn’t leave. Was smoking marjuana in car, windows up lights off pouring rain low visibility. Officer crawled up along side of car and opened my door with no warning and started screaming at me and my boyfriend to put our hands up where we could see them. I didn’t know that it was an officer at first and thought we were about to become victims of a crime.
Asked on October 5, 2012 under Criminal Law, Maine
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The only real question is whether the police officer had probable cause to search your car--if he did, any evidence of drugs (e.g. the marijuana) can be admitted against you. If either (1) the fact that you were smoking marijuana was visible from outside, or (2) if you were in an area in which you had no legitimate business and lawfully could not be were true, the office most likely had probable cause for a search.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.