Asked in Criminal Law for Arizona

Q: Car searched for impound inventory drugs found. Charge that got car impounded never filed. Why still facing drug charge?

I mean DUI charge never filed and was only arrested for suspicion. If DUI since wasn't prosecuted why would I still have to face the drugs that only got found because of the DUI case

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1 Lawyer Answer
Matthew Maerowitz
Matthew Maerowitz
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: The search of the car may or may not have been legal regardless of whether you were found guilty or even charged with DUI. There are a lot of legal questions to determine whether the stop and ultimately the search of your vehicle was justified such as whether there was reasonable suspicion to stop your car in the first place, whether the officer had reasonable suspicion to conduct a DUI investigation or reasonable suspicion of another crime. For an inventory of your car there normally would need to be probable cause for your arrest that prohibited you from being able to leave in your car. You should consult an attorney to discuss in detail and determine if there is a possible defense.

Richard W. Noel agrees with this answer

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