Legal Question in Constitutional Law in Hawaii
4th amendment
my friend was riding in a car with someone and they were pulled over by federal agents, the car was searched and they found drugs. the person who was riding in the passenger seat refused search and the agents searched him anyway and arrested him for possession. Is that legal? Does he have a viable 4th amendment claim for dismissal?
1 Answer from Attorneys
Re: 4th amendment
The answer depends upon what information the officers had when they pulled over the car, and what they observed during the stop. Without that information, there is no way to answer your question.
By the way, even if your friend has a good Fourth Amendment argument he won't necessarily be entitled to a dismissal. A Fourth Amendment violation results in the exclusion of evidence the police would not have found otherwise. Evidence that they would have found -- including evidence they already had -- can still be used. Voluntary statements your friend made to the officers will probably also be admissible against her, even if she should not have been searched or detained in the first place. Often that evidence will be enough to support a conviction.