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