Legal Question in Criminal Law in Florida

Constructive Possesion

I live in florida. My boyfriend was pulled over by the police because they said that he was speeding. He was not , though. But he was wrote a speeding ticket and no speed was indicated on the citation. And they said the date on his license had been expired for a month.They asked could they search his car and he said no. They handcuffed him, but him in their backseat, and searched his car. They found a small amount of cocaine. He was arrested for constructive possession of cocaine, and bonded out. He is a convicted felony, and has a prior possession of cocaine from 10 years ago when he was 18.

They had no valid reason for searching his car, and the cocaine was found in the trunk of his car in a lot of clothes and trash, that he forgot all about.

Was this an illegal search?


Asked on 4/21/08, 4:00 pm

1 Answer from Attorneys
Valerie Masters Valerie Masters, P.A.

Re: Constructive Possesion

The search may be illegal. Only a lawyer can file that motion for a judge to decide. Unfortunately if they could arrest for the expired driver's license, they could search the car with or without consent.

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Answered on 4/21/08, 4:56 pm


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