Illegal Search and Seizure
what do i do if i was pulled over for disregarding a stop sign , then failed to complete roadside sobriety tests, and was booked into jail. after being booked they went through my wallet which i had originally left in my car, and they then found two percocet pills, that were once prescribed to my dad for the same knee problems that i have? i have been prescribed vicodin previous to this for having knee problems, how should i go about explaining why i had the painkillers in my wallet if they werent prescribed to me?
1 Answer from Attorneys
Re: Illegal Search and Seizure
The police can do limited searches incident to arrest. It is likely that they could search your wallet for ID/drivers license. They can also search your car for impound. There are rules for these searches.
You do not need to explain anything. You may be charged with possession of drugs. If you had a perscription for this exact drug, you could find it and show it. There is no time limit on the perscription, but the longer it is from the date of the prescription, the less likely these pills are from that legal reason. Once you have a prescription, it does not entitle you to use those pills from any source forever, but only from the bottle you get from pharmacy. The police/prosecution would have to prove that the pills were not from this bottle, beyond a reasonable doubt. This is probably hard to do.
If you tell police that your dad gave you these pills, you would be implicating your father in distribution of drugs. It also proves that you did not get them legally.
If you also have a DUI case, you will need to work on that too.
I suggest you hire a qualified attorney that can help you sort this out.