What can I do about an illegal search?
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What can I do about an illegal search?
An officer said I smelled of marijuana. I wasn’t near any vehicle. He told me I can either let him search my car or he would call a K9 unit. I told him I didn’t have my keys, and he got another officer to break into my car without my consent. He then took my keys and opened my trunk, and a locked box. He then took my hammer and screwdriver and broke open another locked box. How is this legal?
Asked on April 20, 2014 under Criminal Law, Alabama
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 years ago | Contributor
The search you describe may not be legal: the officer did not have a warrant and likely did not have sufficient cause under the circumstances for a warrantless search (the exceptions to when the police need a warrant are fairly limited). Speak with a criminal defense attorney; you may be able to get the search and its evidence thrown out, which under the circumstances, may result in the entire case being thrown out for lack of evidence.
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