Bismarck, ND asked in Criminal Law for North Dakota

Q: illegal search and seizure

boyfriend got stop for a traffic stop they came to his window and asked him to come out of the car to pat him down just because he had a conviction of a firearm 5 years prior they frisked him and didnt find anything then they said the reason was because they seen a crown royal bag sticking out of his left jacket pocket that wasnt even in plain sight then they searched him and found drugs in his pocket they asked if they can search his car prior to the search he said no call my po and they did anyway a traffic stop for not usimg a blinker isnt reasonable suspicion to pull him out of car no search him because of a prior 5 year conviction 4th admentment i correct

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1 Lawyer Answer
Lucas Wynne
Lucas Wynne
  • Criminal Law Lawyer
  • St. Louis Park, MN
  • Licensed in North Dakota

A: You likely need the squad car video to determine if there was an illegal search and seizure under the US Constitution. Even if there was, you cannot simply orally tell the judge about the issue - you have to make a motion, which is difficult to do if you're not an attorney.

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