Was my car illegally searched and what are my options?

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Was my car illegally searched and what are my options?

I had an open can of beer in the car had not drank anything out of it. The officer asked me if there was anything in the car such as drug, weapons, pills. At first I told him no then he said if there was anything he would find it. Then he said “If you are straight up with me nothing would happen” I told him there may be a pipe that fell under the seat, but I haven’t been smoking. He proceeded to put me in and cuffs and thoroughly search my car while I was in the back for approximately 1 1/2 hours before being taken to jail.

Asked on May 23, 2009 under Criminal Law, Florida

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The law of search and seizure is constantly changing, particularly as far as car searches, and these cases sometimes turn on facts that you might think are too minor to even talk about.  The only way to get sound advice is to give your attorney in Orlando, FL all the details. 

There has to have been some good reason for the officer to have pulled you over in the first place, although it doesn't take much at all.  The open can of beer was a very bad idea, and justified the policeman's further interest.  If you gave the officer consent to search your car, there might not be much to be done about this.


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