Gainesville, GA asked in Criminal Law and Civil Rights for Georgia

Q: If you get arrested for the charge you was pulled over for but you have the warning ticket, is he in violation for lie

It was a brake light out, I was arrested for obstruction because I kept telling him no to a search, he got dog to sniff, found nothing in my car, but on me, in my purse. I then found out I was arrested for a brake light, but I have a warning ticket

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James L. Arrasmith
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Answered

A: If you were initially stopped for a brake light issue and received a warning, but were later arrested for obstruction during that same encounter, the situation seems complex. It's important to understand that law enforcement officers can conduct searches under certain circumstances, and refusing a search can sometimes escalate matters. However, the specifics of what constitutes obstruction can vary by jurisdiction and the details of the interaction.

Having a warning ticket for the brake light suggests that was the reason for the stop, not necessarily the reason for arrest. The arrest for obstruction might have been a result of the interaction during the stop rather than the initial traffic violation. If a search led to finding something in your possession, that could further complicate the case.

It's crucial in situations like these to seek legal advice. A lawyer can provide guidance based on the laws of your area and the specifics of your case. They can also help understand your rights and the best course of action moving forward. Legal representation is key in navigating these situations effectively.

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