Legal Question in Criminal Law in Louisiana

We were stopped at a detail shop talking with the owner about doing my husbands truck. The police pull up ask my husband how long we had been here (in Louisiana, the truck had California plates) he said a few months. The police informed in that he had 30 days to transfer the plates to louisiana, which my husband said he didnt know and that he would do it. The police officer said "to late" and that he was impounding the truck..(legal license,proof of insurance, current reg. from CA) we got out of the truck and I asked the officer for my purse which he said no. He searched my purse and found 1 (one single) diet pill which I have a presc. for but unfortunently was in a bottle with 2 ibuprofen. I was arrested for narcotic possession and spent 4 days in jail (arrested on a sat.) My question is since this was not a criminal investigation or we were not pulled over for any commission of any crime. Did he have the right to search my purse? Or was it an illegal search and seizure? I have brought the bottle and printout of my prescription to the DA in the hopes that they will drop the felony charge on me. Thank you for your help.


Asked on 6/10/11, 8:36 am

1 Answer from Attorneys
Martha Amanda Mandi Lucas Mandie Seale Lucas

Once the vehicle is taken into custody, it has to be inventoried. This gives the officer the legal right to search all contents and confiscate any contraband. However, I don't believe from the facts you've presented that the officer had enough information to impound the vehicle. Driving under suspension, no insurance, unsafe condition would be some appropriate charges that require impound. These are not exclusive, but failing to change your title to Louisiana is not one that usually requires impound.

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Answered on 6/25/11, 7:08 pm


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