Q: If I could prove a traffic stop was an illegal stop by the police would I get whatever was seized from the search back ?
I was pulled over for turning right on a red light supposedly there was a sign stating that was illegal but I went back and scanned the whole area and could not find any sign that said so making that stop and illegal stop. When I go to court and prove that I should get whatever was seized from the subsequent search of my vehicle back correct?
A:
It's not as simple as walking into to court with pictures or even video tape showing that the intersection did not have a sign posted that it was illegal to make a right turn on a red light. You don't know it that was the only reason the cop pulled you over. If evidence was seized supporting other charges, the cop report may reflect that or other reasons why the stop was made as cops are known to lie.
A formal motion will need to be filed to suppress any evidence seized as a result of warrantless search. This in not a DIJ motion. It requires legal points and authorities why the stop was unlawful and the evidence seized should be suppressed. Also, a hearing will be held in where your attorney gets a chance to cross-examine the cop who stopped and arrested you to poke holes in the DA's case.
I suggest you consult with a skilled and experiences criminal defense attorney who specializes in unlawful search and seizure law. Depending on nature of the items seized and other charges which may be filed, you may have a lot at stake in making sure you have the best chance to win.
Dale S. Gribow agrees with this answer
A:
Contact a local criminal atty or ask the court to appt one at the arraignment.
If it was JUST a Tix a pix might get it dismissed… however if they found illegal “stuff” they have probably listed other reasons for the stop OR the ok to search.
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.
