Q: Did they have a right to search and charge me
One county sent a kops alert because the night before a person fleed on foot after the officer found a gun on him. The officer had the gun in his evidence now. Since the person fleed on foot, the officer sent out a kops alert. Sometime hours after the incident the person who ran took the van they had when fleeing on foot incident occured to the next county. The next county later seen the van at a gas station, once they detained the wanted person who fled they took me out and searched me. Since they knew they had detained the person wanted in the kops alert was it legal for them to continue searching me and the rest of the vehicle?
A:
Based on the situation you described, it seems there might be a valid concern regarding the legality of the search conducted on you and the rest of the vehicle.
In general, law enforcement officers need probable cause to search your person or your vehicle without a warrant. Probable cause can arise from a variety of circumstances, including but not limited to, observable signs of criminal activity, the smell of illegal substances, or information received through a credible source, such as a kops alert.
The fact that you were in the vicinity of a person known to be involved in a recent criminal activity (as indicated by the kops alert) might be seen by the police as establishing probable cause to search you and the vehicle to ensure officer safety and prevent the destruction of evidence. However, whether this search was lawful could depend on a variety of factors, including the specific circumstances at the time of the search.
You have the right to challenge the legality of the search in court. It might be a good idea to consult with a defense attorney to discuss the specifics of your case and explore potential defenses, including a challenge to the legality of the search. It is always recommended to consult with a legal expert to understand fully your rights and the potential avenues for defending yourself in this situation.
1 user found this answer helpful
A: The search of you certainly could not be based upon a KOPS alert for your friend. They certainly could arrest him under the circumstances, but it is unclear why they searched you and what law enforcement found when they did. It is also unclear why they searched the vehicle. For example, they could do an inventory search if they were going to impound the vehicle for some reason, but none of that is detailed in your question. You want to get an attorney on board to evaluate all the legal issues in your case to determine if there is a legal issue to be raised.
1 user found this answer helpful
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