Legal Question in Criminal Law in District of Columbia

I am being charged with CPWL in the District Of Colombia. My lawyer is planning to file a motion of suppression, because the arresting officer smelled beer in a cup i was drinking, and began to search me and found a pistol. Could this be a good decision to go foward with?


Asked on 10/05/11, 10:34 am

1 Answer from Attorneys
Michael Bruckheim Law Office of Michael Bruckheim, LLC

Yes, it would be a good idea. What led the officer to smell beer in your cup? what drew the office to you in the first place? And why the arrest? Officers can do a protective search incident to arrest, which means upon a valid arrest, they can search your person. If the firearm was on your person, then the best way to attack would be the stop and arrest...attacking everything the officer did BEFORE that search.

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Answered on 10/05/11, 1:36 pm


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