Legal Question in Criminal Law in New York
illegal search and seizure?
My son was approached by the police while sitting in his vehicle, they said they smelled marijuana when he rolled down the window, so they searched the car, and his cell phone,in it they saw photos of money, and obtained a search warrant to search his home.Legal?
3 Answers from Attorneys
Re: illegal search and seizure?
If your son was arrested or about to be arrested he should retain an attorney. Without having all the facts I am unable to even begin to speculate whether or not the warrant was properly issued and hence legally proper. Please feel free to contact my office if you would like to discuss the details of this case further.
Re: illegal search and seizure?
Without reading the warrant it is impossible to answer your question.Call my office with more details and perhaps I can better evaluate the situation.
Re: illegal search and seizure?
There has got to be more to this story. Photos of money do not equal sufficient probable cause for the search of a home. You need to contact an attorney and go through the facts which preceded the search. You fail to mention whether any criminal charges were filed at any stage of this investigation and/or what the stated purpose of the search warrant was.
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