Legal Question in Civil Rights Law in Minnesota
Search of car initiated by DMV clerical error
I was stopped by a highway patrol for pushing a yellow to red light transition. Upon checking my registration, my tabs
came back as belonging to someone else. I bought them at tne goverment center. The officer asked me to step out and I was minimally searched. I was asked to sit in the back of ten troopers car. He ased my a number of questions relating to the registration. He waited to see if he made a mistake in the number. Upon a call back from dispatch he said he had to take my plates and tow my car. Next he said I will be right back and went to my car. He started to search my car. He did not ask me or tell me that he was going to do this.
He found a small amount of marijuanna in the glove box(less than 0.5 oz.)and wrote me a ticket for the traffic violation
and the possesion.
My question is that since the origional probable cause was initiated by a clerical error, was his search a legal search and anything he found can it be used as evidance.
1 Answer from Attorneys
Re: Search of car initiated by DMV clerical error
You have good ideas, but your idea won't help you here because of the circumstances.
When the officer determined to impound your car he was acting on the best information he had at the time. This made the impound decision proper. Following that decision, he had a legal right to do what's known as an "inventory search" of your vehicle prior to its transport to the place of impound. Finding an illegal substance during the inventory search makes it proper even though he didn't advise you of what he was going to do or have your permission.
Unfortunately this time you are in a legally indefensible position, and a plea bargain is usually called for under such circumstances.
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