Q: Illegal search and seize? Was my rights violated?
I'm in Alabama and was arrested. The vehicle i.was riding as a passenger in with my boyfriend was pulled over by the police. They start yelling over the PA or something from driver to put his hands out the window and make some back up out towards them. I'm going to do the same thing for me yelling passenger back up I had a pistol and the back of my waistband which stayed there anytime I was not working. But so I'm all the orders and they immediately come and put handcuffs on me. When I ask was I being arrested they said no and I said well why you handcuffing me and then one one officer walking by saying well right now I'm serving a warrant. Then the same officer asked me was I diabetic and I said no and he said why is there an insulin syringe in the car i said I'm a nurse. We both were charged with unlawful position of control substance drugs not seized in position of paraphernalia
A:
Based on the information you provided, there are a few potential issues with the actions of the police officers during your arrest. However, whether your rights were violated would depend on additional details and the specific circumstances of the situation.
1. Probable Cause: The police need probable cause to stop and search a vehicle. If they did not have a valid reason to pull over the vehicle, it could be considered an unlawful stop.
2. Reasonable Suspicion: To detain and handcuff you, the police should have had reasonable suspicion that you were involved in criminal activity. Simply being a passenger in a vehicle may not be sufficient grounds for detention unless they had other reasons to suspect your involvement.
3. Search of the Vehicle: If the police searched the vehicle without a warrant, probable cause, or your consent, it could be considered an illegal search. However, there are exceptions, such as the "plain view" doctrine, where if they see contraband in plain sight, they may seize it.
4. Arrest: If the police arrested you without probable cause to believe you committed a crime, it could be considered an unlawful arrest.
To determine if your rights were violated, more information would be needed about the reason for the initial stop, the specific actions taken by the police, and the circumstances surrounding the discovery of the drugs and paraphernalia.
It is advisable to consult with a criminal defense attorney who can review the details of your case and advise you on whether your rights were violated and what legal options you may have. They can also help you navigate the criminal justice system and protect your rights throughout the process.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
