Legal Question in Constitutional Law in Massachusetts

Illegal search and seizure

I was a passenger in a friends vehicle that was borrowed from his cousin. The truck was two and half inches over the legal limit and had no rear bumper. His cousin was also arrested for class D substance in this vehicle. After searching the driver the trooper wanted to search me as well. After questioning him twice on why he wanted to search me he grabbed me an pulled me to the back of the vehicle. He kicked my feet and began to search me. Now considering that I did not give him permission to search me what are my rights under the 4th and 14th amendments. He stated that he smelt pot coming from the vehicle, does that automatically give him probable cause to search me and or the vehicle?


Asked on 3/06/08, 12:11 pm

1 Answer from Attorneys
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Illegal search and seizure

You may have good grounds for a motion to suppress any evidence obtained from you or incriminating statements you made. What charges were brought against you (assuming you were arrested for something). If you were not arrsted; no harm, no foul.

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Answered on 3/07/08, 12:52 pm


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