Q: If a car is impounded during an unconstitutional arrest ,will evidence found in a later search be admissible in court?
Car was impounded during an arrest when there was no probable cause for the arrest or for the way that the police blitz attacked the vehicle while it was sitting still at a red light. After arresting the occupants o the vehicle the officers obtained a warrant to search the vehicle and found some things that were in the vehicle which they then took before a grand jury and presented, as if they were evidence that was connected to the crime they were initially charged with. There is NO evidence that could possibly link the gentleman directly to this crime, because he didn’t commit the crime. However, some of the evidence recovered in the vehicle could very well make him look like it was possible that he could have something to do with it. The evidence consists of things that could have belonged to anyone in the vehicle and are things that 8 of 10 young men, his age, in our area also own. If the initial arrest was in violation of his fourth amendment rights, is the the evidence admissabl
A: Possibly. More likely to suppress the evidence if the car belonged to the young man than if he was a mere passenger. It depends on more facts than you’ve provided, and the inference that all passengers in car equally possessed the evidence found in it is a potentially very weak one—also partly fact dependent—that has more to do with trying the issue as opposed to arguing a constitutional violation before trial. You have also provided no facts to support your assertion that the initial stop and search was unconstitutional. However, do not provide further facts on this public forum. Immediately locate and retain experienced defense counsel you are comfortable with and discuss this matter in private. The lawyer will need to obtain all material evidence and discovery from the State to evaluate the issue fully.
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