Q: Can a police officer when asked what your rights are during a search of my person respond that they are going to do..
Whatever they want to do anyways and that he will keep me there as long as it takes to complete the search. All this at a gas pump where I had pulled up too BC I was falling asleep after midnight driving Home. Officer pulled up circled me twice and said I looked "suspicious" while sitting in driver seat then wiping down windows?????
A: This is a difficult question. You have a constitutional right to be free of an unlawful search and seizure. However, sometimes officers ignore this right. When they ignore this right how are they punished? They cannot use the evidence that they seized against you in your criminal trial. That is what is referred to as the exclusionary rule. If the officer detained you without reasonable suspicion and searched your vehicle without probable cause and arrested you for something they found there then it could be that they cannot use what they found against you and your case can be dismissed. Still, this is not automatic, and police officers often fill in the gaps when they write their reports (bad stops suddenly become justified and searches suddenly have probable cause). So, you need an aggressive competent lawyer in your area to represent you. Good luck, unfortunately you have discovered one of the true injustices of our criminal justice system.
Kiele Linroth Pace agrees with this answer
A:
The good news is that the entire interaction was probably recorded on the officer's BodyCam.
The bad news is that carefully scrutinizing BodyCam and DashCam recordings is a time-consuming process. A big reason that cheap attorneys are cheap is that they don't spend much time on each case. You'll probably need to hire a premium defense team to ensure that your attorney actually studies the recordings to identify potential flaws in the prosecution's case.
Mr. Shannon Willis Locke agrees with this answer
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