Q: Can drving one block before stopping when an officer is pulling you over be considered eluding?
Is that grounds for probable cause to search and during an unconsented search can they snap their fingers and get the dog to jump inside the car thru the window?
A: In short, yes. You can be charged with eluding if you willfully fail or refuse to bring your vehicle to a stop; or flee or attempt to elude a pursuing police vehicle when given a visual or audible cue from the officer to stop. However, you should hire a criminal defense attorney to review the evidence and facts and circumstances of your case to determine the best course of action. Generally, the police must obtain a warrant to search your vehicle. However, there are exceptions where the police may search your vehicle without a warrant (i.e., vehicle exception,” consent, plain view, and search incident to arrest). You will need to hire a criminal defense attorney to review the evidence and facts and circumstances of your case to determine if the warrantless search was valid.
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.