Q: When a police officer is out of its jurisdiction when pulling you ovet
I was traveling south bound on my main road while the p/o was conducting a speed radar at a standstill in the middle of the road. Pulls out, follows me 3 cars behind for 3 miles before stating in the police report that he pulled up and seen that I was "looking down on my phone " proceeded to follow me .5 miles before pulling me over for a 3rd brake light out ticket. I oniw title 39 clearly states which lights sgould work yet he proceeded to then search my car for drugs after asking me what I was doing when I put my hands on the trunk of my car and proceeded to search me n my car after informing his I dont consent to and searches. If he "seen me on my phone " or if indeed my light was broken it was out of his jurisdiction. How can I either have the charges dismissed or shown the pullover was not in jurisdiction and what happens then?
A: A good criminal defense lawyer may be able to successfully challenge the stop and the fruits of the search. You should consult a lawyer right away.
A:
First a police officer can give you a ticket in any town, it is just that they are paid to protect their town so they are supposed to stay in the town for that reason. It is not because they don't have the power to pull you over and ticket you.
Second the police officer was allowed to search the car if he smelled for example the odor of marijuana.
Third you may have a defense to your case, but it will not be because of what I stated. In general the better the lawyer you hire the better your chances are of getting of the charges. Without seeing your discovery no lawyer can tell you what these chances are except to explain to you general facts, as everyones defense is fact sensitive.
A: File motion to change venue to the appropriate venue/jurisdiction (town) and there file motion to suppress the stop, search and seizure. You'll need to file formal notice and will have to brief so you'll need a lawyer for that.
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