Longmont, CO asked in Criminal Law, DUI / DWI and Traffic Tickets for Colorado

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.

1 Lawyer Answer
Mark Ryan Thiessen
Mark Ryan Thiessen
  • Criminal Law Lawyer
  • Houston, TX
  • Licensed in Colorado

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

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