Albany, GA asked in Criminal Law and Constitutional Law for Georgia

Q: I am wondering about 4th Amendment rights.

I was stopped for not having on my selt belt. The officer asked for my license which I gave him. He then went to his car and ran my license. It came back expired by one month. He asked if I knew about it I said no and he handed me back my license. He then when to another officer and was speaking to him for about a minute and the officer brought out a k9. The other officer was in his car while this happened after the dog was done he came over and said the dog alerted. He had a third officer a female who had shown up frisk me and found nothing. About 5 minutes into the search he told me to call my ride as I could not drive the car. About 2 minutes after that he found drugs in the car. Is it all legal?

2 Lawyer Answers
Joshua Schiffer
PREMIUM
Joshua Schiffer
Answered
  • Criminal Law Lawyer
  • Roswell, GA
  • Licensed in Georgia

A: Sounds like a standard fishing expedition and you need to get a lawyer to file a motion to suppress.

The cops are allowed to intercept folks if they have probable cause that a crime is occurring (seat belt) and then commonly use that as an entry point for additional investigation. It is a pretextural action and deserves to be fought. Get a LOCAL lawyer

Anthony Kozycki
Anthony Kozycki
Answered
  • Criminal Law Lawyer
  • Tucker, GA
  • Licensed in Georgia

A: While the 4th Amendment does not protect the sent that come from your vehicle, there are several other avenues to challenge the arrest. Was the stop valid? How long were you held at the scene while they waited on the K9 unit to arrive? Did the K9 actually provide an alert?

These are all questions that you should speak with an Atlanta-based criminal defense attorney about. Before your case proceeds any further, I would strongly recommend you find an attorney.

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.