An illegal search was conducted. They found illegal paraphernalia. What legal steps should I take to be free?
I was not caught in the act of doing something illegal, yet a cop felt he wanted to search me. I asked him what probable cause he has, he couldn't answer. Later on he said "well you looked like you were doing something illegal" Well they found something on me. BUT there is a loophole the items should be thrown out of court. What should I do to ensure that happens?
Answers:
The police officer that searched you did a "Terry Search" from the Supreme Court Case Terry vs Ohio. Get yourself a good criminal attorney that specializes on illegal searches and finding loopholes for the Terry search.
Get a good lawyer fast.
You have to prove that he did not have probably cause to search you. It happens all the time. good luck and get off the dope. He has to show that you were actually doing something illegal, in a place known for illegal activity or in the vacinity of a crime recently committed, etc. You can do it! You can do it all night!
Your attorney needs to argue the motion in limine in court to exclude the items on the grounds of an improper search.
However, if the items were found using only a "pat down" (what's called a Terry Frisk in police terminology) then only a reasonable suspicion is required -- less than probable cause.
So, your attorney would need to prove lack of probable cause, or lack of reasonable suspicion -- and based upon that finding, move to exclude the evidence.
1. Cops don't have to be able or willing to explain themsevles to you. Those who demand answers from cops are unlikely to get the real explanation. As long as they can explain to the judge, it doesn't matter what they told you.
2. The mechanism is called a motion to suppress evidence. If someone initiates a criminal prosecution, and you file and win such a motion, then the seized evidence cannot be introduced. If the sole charge is possession of paraphernanlia, then you should be acquitted. I
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