Lexington, KY asked in Criminal Law and Federal Crimes for Kentucky

Q: Ok my friend was pulled over and charged w/trafficking meth and heroin they told him the reason they pulled him over is

Because he had a tail light out and no insurance now when he went to jail that was night on his paper work and no charger's on taillight or insurance oh he also was charged with defaced fire arm now where they said they pulled him over for one reason but was charged with a different and no where was he changed with what they said they pulled him over for can they do that

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3 Lawyer Answers
Matt Schalk
Matt Schalk
PREMIUM
Answered
  • Criminal Law Lawyer
  • Princeton, KY
  • Licensed in Kentucky

A: Yes, they can. I see cases like this very often. One of the most important issues is whether or not probable cause existed for the presumably warrantless search, and for the stop itself.

Tim Akpinar agrees with this answer

Timothy Denison
Timothy Denison
Answered
  • Criminal Law Lawyer
  • Louisville, KY
  • Licensed in Kentucky

A: Yes, they can. It’s called a pretextual stop and It has been approved by the Supreme Court.

Brandon Voelker
Brandon Voelker
PREMIUM
Answered
  • Criminal Law Lawyer
  • Covington, KY
  • Licensed in Kentucky

A: The citation does not have to have a charge for the stop. The issue is one of whether there was a reasonable suspicion to pull over. There may be grands to suppress the stop depending on the reason for pulling over.

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