is this a illegal search and seizer?
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is this a illegal search and seizer?
i was stoped at a gas station and out of my car when a cop pullled in and ask me to come here i went on in the store and he followed me back out side fo a trafic stop he said so i gave him my license then i ask why i was being stoped and he said because i came out of a knowned **** deallers house. then they found two bags of weed in the store and then but befor arresting me the let me go back in the store then pull my truck down the road . then i got in th back of the police car not han cuffed . they took me to the station and questioned me then charged me for traffickng with in 1000 YD school
Asked on May 16, 2009 under Criminal Law, Kentucky
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
It's very hard to say, without getting into more detail about what led up to this situation, and without seeing the police officer's version of events. Search and seizure law is very complicated, in many situations, even for experienced defense counsel, and it sounds like you need one of those. You can start looking for qualified lawyers in several places, including our website, http://attorneypages.com
It takes very little, for a police officer to be allowed to stop you for a moment for very limited questions, and any actual traffic offense, no matter how trivial (such as a broken turn signal) is usually enough to let them pull you over. What they find, even before arresting you, while they have you stopped for these limited purposes, can be seized and used to arrest you, under certain conditions, without violating your rights.
Every case of this sort has its own facts, and sometimes what seem to be very minor details, to the non-lawyer, make all the difference in the world.
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