Q: Chumped up charges and abuse of jurisdiction?
Can evidence be suppressed when cops find lrg capcty mag in a closed box doing invntry 2 tow?Following an at fault accident I wanted to go over to check the people in the car I hit, I was getting out of my truck but this guy is blocking my door "stay put budy, stay put". He wouldn't let me out of my truck so I climb over the center console to get out the other side. I saw my stash box on the floor board and I heard the sirens. I opened the passenger door and my legs almost gave out when I dropped down from the seat to the sidewalk. I kwickly stashed the stash box out of sight under some gloves behind the seat. It's a standard cab w/ no rear seat. I turn around and that guy is watching me like he's judging a figure skating contest. cops wanted roadside "I can't, old legs, ill blow" wife "we don't drink" cop "we smell it on his breath" I refused tow my truck totally fine "my wife can take the truck"cop"no impound" inventory for tow cops found everything. I blew 0.000 at the station.
A: They need a valid arrest to search the car. Once they arrest you, they can inventory the car to make sure they document everything in there to keep it safe. This is going to be a very fact intensive suppression issue.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.