Elliott, IA asked in Criminal Law, Traffic Tickets, Civil Rights and Constitutional Law for Iowa

Q: I need to know if I was illegally searched.

I am from a small town in Iowa. The other night I was test riding my small dirt bike after making repairs. On my way back home I got pulled over by a sheriff that knows who I am. I have never been confrontational with the police and have absolutely no violence on my record. The sheriff with his red and blue lights on walked up to me completely at ease and wanted to know what I was doing. I told him as previously stated. He asked if I had any weapons I said no I do not. He said he needed to search me because he needed me to sit in his car while he ran my information. I told him that he had no reason to search me. He told me to put my hands on my head and began to Pat me down. Making sure he felt every little thing in my pockets. I had an eyeglasses case in one of my pockets. As soon as he felt this case he reached into my pocket and pulled it out. There was drugs inside the case. He told me I can make this all go away if I do controlled buys for him.

1 Lawyer Answer

A: Based on the facts presented, you may have a basis for getting the search suppressed, particularly if there wasn't a valid reason for the stop. Talk to an attorney about this; you need someone to review whatever evidence the state has and help you make an informed decision about how to proceed.

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