Q: If you are searched by a cop that says dispatch told him I had a search waiver but later says he found out I don’t .
I was stopped driving and the cop is looking for someone walking. He runs my license and thought dispatch told him I had a search waiver. Later he states in the report he found out there wasn’t a search waiver .Is that grounds to throw the case out ?
A: This is the type of thing that courts have routinely found to be good faith errors and thus not prejudicial or subject to exclusionary rules based, in part, upon the rationale of US v. Leon. Each case though, is fact specific. There may be additional facts in your situation that might prove intentional bad conduct by the police officer or dispatcher. You should consult with an attorney. If you cannot afford an attorney, the court will appoint an attorney to represent you.
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