Phoenix, AZ asked in Civil Rights and Criminal Law for Arizona

Q: Arrested on possession charges I was asleep in my vehicle and I woke up to police in my car searching my purse 4th am?

After ten minutes of searching they say they found heroin next to my shifter and come and ask me if it was heroin. They told me they had probable cause to search. How can this be if they found drugs ten minutes after there search. Just because I was sleeping. Does that mean they can enter my vehicle and start rummaging through my belongings also if they claim the probable cause was out in the open why did it take ten minutes to mention it they even state oh I didn't even see that there and that was before he said he is turning his body camera off

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1 Lawyer Answer
Richard W. Noel
Richard W. Noel
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: I don't entirely understand your question. If there was something that "through training and experience" an officer believed something to be heroin in plain view, they have probable cause for a search. Was there body cam? Dash cam? I suggest speaking with your attorney who can review the available evidence and police report to determine if there's a possible suppression issue. Good luck to you.

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