Is it possible to get a misdemeanor drug possession charge dropped if a police officer illegally searches you?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is it possible to get a misdemeanor drug possession charge dropped if a police officer illegally searches you?

I was pulled over and my car searched because I was driving with a suspended driver’s license. During the search the cop found a small amount of narcotics. I was put into a squad car and was told that a female officer had been called to search my person. Another male officer arrived and got me out of the squad car

to put me into his car to be taken to the station. Before he put me into his car, he took me behind his vehicle and did a quick search, feeling up over my shirt but feeling up under my bra. He did not ask to search me. I was recently told that it is illegal for a male officer to search to a female without her consent. I plan to file a complaint now that I know this is not allowed and am wondering if this could get me out of my charge all together.

Asked on March 3, 2019 under Criminal Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

This illegal search will not affect the evidence found prior to it--you write that the police found the narcotics before this officer searched you improperly; therefore, the narcotics were not the result of an illegal search and are admissible evidence; that means that the charges do not need to be dismissed.
You can file a complaint against this officer for his wrongful behavior, but that will not affect your case.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption