Q: Can I be pulled over on private property for a traffic stop?
The officer didn't turn his lights or sirens on until we were on private property. The officer located drugs during the stop . If the stop wasn't legal can the charges be dismissed?
A: The charges can be dismissed if the stop wasn't legal. But this isn't the Dukes of Hazzard where you cross the county line or get onto private property and the cop has to leave you alone. That issue isn't going to be a winner. There might be other issues that can be successfully raised, but I doubt this is one of them. Get an attorney on board to review the police reports, dash cam footage, and body cam footage. The attorney can challenge the stop if there is a lawful basis to do so.
A: I would look at the police officer's claimed basis for the traffic stop. Pursuit onto private property, alone, is unlikely to be a defense winning issue, however. You lawyer will look at the basis for the stop, for the roadside investigation, for the searches, and for the arrest, as well as many other legal issues.
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