Thomasville, GA asked in Criminal Law and Federal Crimes for Georgia

Q: Was this search illegal or legal?

I have a friend that got arrested because a "citizen" said that they saw either him or the passenger make a drug deal. Was that probable cause for the narcotics officer to pull them over and search them and the vehicle because of what someone said. Was it a legal or illegal search of them and the vehicle.

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1 Lawyer Answer

A: No simple answer exists to this question. Stopping a moving vehicle, for a felony takedown requires RELIABLE information that a crime has been committed or is in the process of being completed.

Something seems "fishy" about this question, such as missing information. Usually a "citizen" only gets involved in such deals if they are a SNITCH, trying to get their own crime or crimes mitigated by helping out the police.

The person needs to hire an attorney to file motions to compel the Prosecutor to show that whatever happened was LEGAL, and that police did not just make up this "citizen" tip, of a crime being committed.

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