Legal Question in Criminal Law in California
Search and siezure
Can Police use a shipping reciept obtained during a traffic stop and unsuccessful drug search to call the shipping company to report a suspicious package related to a passenger in the car?
2 Answers from Attorneys
Re: Search and siezure
It is highly suspect that the evidence obtained in this manner would be admissable at trial. You need a good criminal defense attorney to review these issues and challenge the evidence through a motion to suppress. It defeinately sounds like a fact pattern with some things that should be challenged. If you haven't already hired a very good defense attorney, you should do so immediately.
Re: Search and siezure
If the search was legal, then the police can do pretty much what they want with what they find. Whether their search for drugs was successful or not is not the issue. The issue is whether they had probable cause and legal justification to search in the first place.
If the search is deemed illegal, then any evidence recovered is not admissible in court.
Hope this helps,
Jacek W. Lentz, Esq.
310.273.1361
www.lentzlawfirm.com
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