Legal Question in Criminal Law in Florida

illegal search

my husband and i were pulled over for going 15 over the limit so they said. they issued a citation then asked if they can search the car and my husband asked why they didnt give a reason. my husband said no. and they said they would arrest him so he said do what you have to do. they took us out of the car and out a dog on the car. the dog didnt sit, paw at, bark or nothing they then said that if i had smoked in the car at all that the di=og would alert. and i said i had smoked earlier but that there was no pot in the car only maybe a pipe. i told the officer were it was at and he searched. he found a jar tha i had o=pot in earlier but not anymore. then they arrested me after i told them it was my pipe. they tried to get my husband to say it was his. at the jail they told me they were doing a drug sting that day or else i would have just gotten a citation. when i got my arrest report they wrote on it that i had a small amount of pot in the jar. which is untrue. i have never been in trouble and i am 26 now. is the search capable of a motion to surpress. they also do not have my correct name in there system and if you looked up my correct spelling of my name it doesnt pull up anything. my husband has a mohawk with odd colors


Asked on 1/20/09, 2:40 pm

2 Answers from Attorneys
Kelly Papa Law Office of Kelly Papa

Re: illegal search

You and your husband may very well have a motion to suppress. A citation for speeding does not give the police probable cause to search your car. It also does not sound like they read your miranda warnings.

The only problem with the situation, is that police often fudge the truth. They may very well say that your husband said to go ahead and search the car. I hope this helps. Let me know if you need further information.

Kelly Papa

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Answered on 1/20/09, 10:45 pm
Hunter Chamberlin Chamberlin Butler & Crowe, P.A.

Re: illegal search

Based on those facts, you may have a viable motion to suppress the search and a motion to suppress the statements you made.

If you would like to discuss this matter further, please contact me. I am a former prosecutor, and have experience in these types of matters.

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Answered on 1/20/09, 2:43 pm


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