Legal Question in Criminal Law in Georgia

Without my knowledge, and undercover team of drug cops followed my husband and I from a convenience store to the hardware store, pulled up beside us, and caught us completely off guard when they jumped out of the truck they were in and one came to each window. At that time, they asked us for our id's as another unmarked car pulled up behind us with 2 more men in it, and then the cop on my husbands side asked him what the bulge was in his pocket, let me see. It was a bottle of pills that werent in his name, and he was arrested for possession sch 3 w/intent. After they took my hubby to jail, I asked him what made him stop me. He said "technically i didnt stop you, but you do have a brake light out and an expired tag, all i did was pull up beside you, but i followed you in here because you look like someone i'm looking for." my question is, since he didnt pull us over, did we have the right to say no you cant have my id and its none of your business whats in my pocket, or was it illegal search and seizure, because mistaking me for someone else isnt probable cause? I know my 4th amendment rights, and im protected from unreasonable police intrusions, and i know he was in our vehicle, the bottle was not visible from outside the car while in his pocket. Is mistaken identity considered probable cause or reasonable suspicion?


Asked on 1/24/13, 12:48 am

2 Answers from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

If you know your 4th Amendment rights, I am not sure why you are asking us here. The response is easy - people charged with serious crimes and facing prison time get good criminal lawyers on day 1, as the lawyers really do know the law. From your post, you don't contest motor vehicle violations, and what you could have done as far as a search is not relevant now (but they could have searched pockets incident to a stop). You can ask about only your side of the story on the internet and it won't help at all, or get a good lawyer to review all facts.

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Answered on 1/24/13, 3:42 am
Lawrence Lewis Lawrence Lewis, P.C.

First, you don't know your 4th amendment rights. Otherwise you would have handled the situation totally differently. Second, the police lied to you about you looking like someone else. You and your husband were stopped because they received info that you and/or your husband are involved in the distribution of drugs. However, the police did not want to tell you all of that on the road. So, he lied to you. SO, you can mull that lie over in your head a few thousand times. See website for info on retaining the right attorney: http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38

Good luck.

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Answered on 1/24/13, 7:07 am


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