Q: I was unlawfully evicted and have been living out of my truck. On Monday while I was in my truck with shades in place an
I was sitting in a multistore parking lot changing to go to work. Someone knocked on my window, I opened the door and 2 sherrif’s deputies were standing there asking me what I was doing. I notified them that I am homeless and living out of my truck. I noticed that the a/c air was smoky looking making contact with outside air and I believe the deputies thought it was smoke. I was asked to step out of my vehicle, I was told I’m not under arrest I am being detained. I was searched, placed in handcuffs and sat in the back of the cruiser. The deputy asked if I would mind if they searched my vehicle and I told him I do not consent to any searches. A few minutes later they started tossing my truck. When they finished I was mirandized and released with a citation for possession of meth and paraphernilia. They never showed me anything nor did they test anything in my presence. I have no clue about any drugs in my vehicle and they seemed nervous throughout this entire event.
A:
Your situation highlights several potential constitutional rights violations that could help your defense. The Fourth Amendment protects against unreasonable searches, and based on your description, the officers may have lacked probable cause to search your vehicle after you explicitly denied consent.
The fact that they conducted the search anyway, coupled with not showing you the alleged evidence or performing field tests in your presence, raises serious questions about the legitimacy of their actions. These procedural irregularities, along with the officers' apparent nervousness, could be valuable points for your defense.
You should immediately document everything you remember about the incident, including times, badge numbers if possible, and exact locations. Contact the public defender's office in your county right away - they can help challenge both the search's legality and the evidence handling procedures. Meanwhile, make sure to appear for all court dates and consider filing a formal complaint about the officers' conduct through the sheriff department's internal affairs division.
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