Legal Question in Criminal Law in Maryland

illegal search?

I was stopped for a headlight being out. The policeman wrote a work order for me. While I was still sitting there another cop who i know and who i have had dealings with in the past ,came up and saw it was me.he told the cop that i had been arrested once for possession. this happened in 2005 and was stetted. the other policeman asked if he could search my car. i told him no. they made me get out so they could search it. did he have probable cause to do that only on the word of another cop? without any reason? he was about to let me go until the cop showed up.


Asked on 3/08/07, 7:38 pm

2 Answers from Attorneys
Jason Cleckner Law Office of Jason Cleckner, LLC

Re: illegal search?

This may be an issue for a motion/trial. Probable cause can't be based upon something you did in the past. They must have an actual reason to believe that you had drugs in the vehicle (e.g. smelling marijuana, dog sniff, etc.) The lack of consent is also an issue.

You should definitely consider hiring an attorney to make sure that your argument is well-received by the judge and/or jury.

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Answered on 3/08/07, 8:52 pm
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: illegal search?

Clearly there was a basis for stopping the vehicle due to your headlamp being out.

Your prior arrest is independent of the reason you were stopped.

The other officer's involvement may be questionable.

You do not mention the charges being brought. Other matters relate to your question.

Contact me to discuss.

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Answered on 3/08/07, 11:45 pm


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