What can happen after an unwanted traffic stop when the officer supposedly found drugs in my coat but only after confiscating my coat elsewhere? 10 Answers as of March 04, 2013

After I left a residence I was pulled over (supposedly for running through three stop signs and not coming to a stop). I did not receive one ticket. They made me take my coat off while I was riding a motorcycle. My coat was on the handlebars and backpack was strapped to front of the bike. I was placed under arrest and put in a police car for driving under suspension, no interlock device, and interference with a police officer. After conducting a free air sniff, they ran a dog around the bike three times. The dog did not hit on anything on the bike. The officer placed the dog back in the car. One officer takes the backpack off the bike and the other takes the coat back into the car which the dog did not hit on the coat. And the officer supposedly found the drugs while in the car.

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Hamblin Law Office | Sally Hamblin
Very suspect. You must be wondering if the officers planted the drugs. It is possible. Hope you find a good attorney.
Answer Applies to: Michigan
Replied: 3/4/2013
Michael Breczinski
Michael Breczinski | Michael Breczinski
well it may be able to be fought. But they could arrest you for DWLS, and then impound the bike and search it.
Answer Applies to: Michigan
Replied: 3/1/2013
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You should hire an attorney and disclose all the facts and circumstances.
Answer Applies to: New York
Replied: 2/28/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You were pulled over legally. If the officer smelled pot he could search or get a dog. You do not determine if the dog "got a hit" the officer does, and he had probable cause if he smelled it. He may have gotten the dog because it wan not a car and the judge may not have believed he smelled pot at the suppression hearing. You should retain a good criminal lawyer to handle the case and see if the evidence will be suppressed.
Answer Applies to: New York
Replied: 2/28/2013
William L. Welch, III Attorney | William L. Welch, III
An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, allocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Replied: 2/27/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    As the search of your belongings was conducted after a valid arrest, they had a right to go through your belongings. It is odd that their dog did not detect the illegal substance, and your attorney might have a good chance to make this an issue for trial, as he may plant a suspicion in the mind of the trier of fact that said drugs were planted there subsequently by them, (which would not be the first time such an event has occurred).
    Answer Applies to: Illinois
    Replied: 2/27/2013
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Are you retarded? Do you not know IF you ran thru three stop signs? Either you ran thru three stop signs, and were fortunate enough not to get three tickets, OR you did not and the police officer is a LIAR. Pick. Either you had drugs in your coat, which the officer located when he took the coat off your handlebars, despite the fact that the dog did not hit on the drugs, OR the police officer planted the drugs on you, and the officer is CORRUPT. You pick. No one is stupid. Your thought process is jacked up.
    Answer Applies to: Georgia
    Replied: 2/27/2013
    Kelly & Soto Law
    Kelly & Soto Law | Michael Kelly
    There are several exceptions where it is lawful for a police officer to search the possessions of an individual without a warrant. One situation is by conducting a search incident to arrest. There are several requirements that accompany this exception, which may or may not have been satisfied. Another exception is by conducting an inventory search. Again, there are requirements that accompany this exception that may or may not have been followed. You should contact a criminal defense attorney, if you have not already. My firm practices in this area of law and we would be happy to set up a consultation.
    Answer Applies to: Massachusetts
    Replied: 2/27/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Apparently there are some additional facts which have not been fully disclosed in your description. You certainly have accumulated a laundry list of charges, none of which have to do with the traffic infraction that you were allegedly pulled over for. I suggest that you contact an attorney as quickly as possible to allow the formulation of a defense, technical defenses, and mitigation of damages.
    Answer Applies to: Michigan
    Replied: 2/27/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    It sounds like you'll be charged with possession of the drugs. The fact is that the police had a reason to arrest you before they found the drugs. If you were caught driving on a suspended license, the police can take you into custody and impound your bike. After you are taken into custody, the police can search both you and the bike. If drugs are found, you will be charged with possession. Obviously, I don't anything else about the crime, the arrest or your criminal history. It's impossible guess whether or not you might have defenses or how the DA is likely to treat your case. I'd need a lot more info to get into the specifics.
    Answer Applies to: California
    Replied: 2/27/2013
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