Is it illegal search and seizure? 12 Answers as of September 17, 2013

I was pulled over by the police for texting which I can prove I wasn’t. I’m on informal probation. The officer did not know that I was on probation at the time of the stop until he ran a check on me. He searched my truck found drugs. Can the case be dropped since I can prove that I wasn’t texting?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
If the judge believes the officer had probable cause to pull you over and then decided to search you pursuant to search term of your probation you could be out of luck even if it turns out he was wrong in thinking that you were texting.
Answer Applies to: California
Replied: 9/17/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
Did you give him permission to search the truck. If not then there may be an illegal search.
Answer Applies to: Michigan
Replied: 8/29/2013
Steven Alpers | Steven Alpers
I assume the texting charge will be dismissed. If you have a search condition, they may be able to justify the search and the possession. You should be eligible for diversion or prop 36 to get the case dismissed.
Answer Applies to: California
Replied: 8/27/2013
Law Office of Alexis Plunkett
Law Office of Alexis Plunkett | Alexis Plunkett
It does not matter whether or not you can prove that you were not texting. If the officer had a reasonable suspicion that you were using your phone, then he was within his rights to pull you over.
Answer Applies to: Nevada
Replied: 8/27/2013
Law Firm of Marco Caviglia | Marco Caviglia
The more pertinent question is whether you consented to his searching your vehicle. I don't know how one proves he wasn't texting, but great if you can do it, and that would also result in a suppression of evidence. You should discuss all this with your criminal law attorney.
Answer Applies to: New York
Replied: 8/27/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    It can be, but probably will NOT be. The stop was for texting, which makes the stop legitimate. After the stop, the police learned that you were on informal probation, which may have allowed for the search, or he may have smelled the marijuana, which gave rise to probable cause, or maybe he received prior information about your whereabouts.
    Answer Applies to: Georgia
    Replied: 8/27/2013
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Maybe, able to prove no reason for the stop and then the case would be dismissed. Hire a lawyer to help.
    Answer Applies to: Nebraska
    Replied: 8/27/2013
    Gates' Law, PLLC | Thomas E. Gates
    No, all he needed was "probable" cause.
    Answer Applies to: Washington
    Replied: 8/26/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Not without a lawyer you won't.
    Answer Applies to: California
    Replied: 8/27/2013
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    There are all sorts of search and seizure probabilities there, which is why you should hire counsel promptly.
    Answer Applies to: California
    Replied: 8/26/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No. All the officer needs is probable cause to make the stop.
    Answer Applies to: Washington
    Replied: 8/26/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    Why did he search your trunk? did he ask if he could? did you tell him yes? did he tell you that you did not have to consent? what kind of drugs and what quantity the stop is based on his reasonable belief that you were violating the texting law (broader than just texting) and likely we do not win that but we might be able to win on the search.
    Answer Applies to: Colorado
    Replied: 8/26/2013
Click to View More Answers:
12 3 Free Legal QuestionsConnect with a local attorney