do police have legal right to search my car beacuse my drivers licence was suspended
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do police have legal right to search my car beacuse my drivers licence was suspended
i was pulled over in the state of Michigan city of Cadillac for my windows being tinted to dark. my licence was suspended the cop told me he was going to search my car because i was driving with a suspended licence after speaking with a lawyer he told me new legislation was passed and he did not have legal right to search my car is that true and if so where can i find such legislation
Asked on June 29, 2009 under Criminal Law, Michigan
Answers:
B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
It doesn't really make that big a difference unless the police officer found something that's being used as evidence against you. If the search was illegal, you can stop the prosecution from using anything found because of it, and anything else the police found that the evidence led them to. The law applies the "exclusionary rule" to illegally seized evidence, and "the fruit of the poisonous tree."
If you were somehow damaged financially by the search itself, it's possible that you could file a lawsuit for violation of your civil rights.
Either way, you need to have all the detailed facts of the incident reviewed by an attorney, for advice you can rely on. One place to find a qualified lawyer is our website, http://attorneypages.com
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