Q: Does the police have the right to search my sons stroller without my consent?
permission?
This so called friend invited Me and my boyfriend to her home she was arguing with my boyfriend she than called the police told them my boyfriend hit me but it was false claims the Police came talked to us for awhile and than separated my boyfriend and I the police officer flashed the lights and apparently in plain sign that I had no knowledge about was underneath the stroller, they’re charges me and my boyfriend with 8 charges and due to the gun charges cps took my kids from me. My question is was it an illegal search and if not how do I prove my innocence? I’m in disposition with the state right now in regards to my sons they court ordered me to complete referrals which im beginning to do they said in 3 months I should be getting them back if I comply with everything im told to do
It was told in the statement the firearm was underneath the diaper bag and something else so has that considered plain view?
A:
The "plain view" doctrine states that a police officer can search the stroller in your case if the gun is in plain view. If it is not plain view, it may be an illegal search and seizure if neither you nor your boyfriend gave permission to search the stroller and the police officer did not have other grounds to search the stroller. If the officer was able to see the gun even if it is a small part of the gun, he can search the stroller.
You will need to retain counsel to represent you or go to the Public Defender. They can discuss your defenses in a confidential setting.
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