Legal Question in Criminal Law in Minnesota

unathorized search of a vechile

a friend was pulled over in gas station his girlfriend told police he had a firearms the police then search the vechile & found nothing his car was immediately taken to impound later they found said firearm


Asked on 9/09/06, 12:42 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: unauthorized search of a vehicle

It is not clear from your question, but if driver's girlfriend who is then a passenger in the car, stopped by police for other reasons, then tells police there is a gun in the car, the police are likely to claim that this is reliable enough information to give them probable cause to believe that a gun is in the car.

Whether police had a lawful basis for towing the car, if legally parked and the driver-owner not lawfully taken into custody, is another question that may be worth looking into. If the car was seized illegally, then a judge might have to order the gun suppressed and dismiss the charge.

Call me if you want help with this.

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Answered on 9/11/06, 3:41 pm


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