leagal question in regards to illegal search?
Your search for The owner of the car and my friend, who is on probation, were standing outside of the car talking and the police pulled up asking what they were doing and said theywere going to search car. The driver did not consent, but after they, without permission, searched the car, found a gun and drugs, they arrested my friend because he was on probation and the other guy wasn't. They let the owner of the car go and my friend is in jail for the drugs and weapon found in car that didn't belong to him but he was standing outside of talking when police came up. What avenues can be taken to help my friend out of this situation of "wrong place & time?"
- Anonymous9 years agoFavorite Answer
He was in violation of probation being around any type of criminal activites. Those being the guns and drugs. So no, he wont be able to "get off" this.
- DONLv 59 years ago
Unless the person on probation was driving and/or breaking a law or the owner of the vehicle regardless of where he was in the vehicle the cops have no right to search the vehicle without the owners permission or a search warrant regardless of what the officer said or believes he has the right to do. The cop broke the law and so file a complaint against him and the judge should rule anything found gets tossed for illegal search......cops are not above the law(s) and this cop is "dirty" but never try to stop them just let them finish breaking the law and them file a complaint against him and the department. Sue them for illegal search and violating your rights if the department does nothing then go to the FBI-- Probation is not the same as being on parole and the constitution gives and protects the rights of all citizens and cops cannot violate them-
- Mr PlacidLv 79 years ago
Your friend's only available argument is, "The gun and the drugs weren't mine." Your friend cannot argue that the search was illegal. That's because your friend has no right to privacy in someone else's car. The owner of the car in your scenario is the only person who has legal "standing" to argue that the search was illegal.