Legal Question in Criminal Law in Oregon
I was the passanger in a traffic stop in which (not the owner) the person driving was only person on probation and driving suspended. I am owmer of vehicle and bought car from someone else and never transferred title. I had a bench warrant and he was arrested for probation violation. I refused search on car so they called k9 out to check car and took me to jail to be cited and released on warrant. The reason they took van was they were suspect of what they would find based on my refusal to search. So they brought the dog in and he hit now my car impounded till search warrant is approved but I live in my van all my clothes jackets personal shots in there I have nothing on streets I was sleeping in it.
1 Answer from Attorneys
It's not clear what you're asking. You haven't said why the police stopped the car, so I can't tell whether the stop was legal. (Your warrant, the driver's probation, and his suspended license all sound like things the police learned about as a result of the stop. If so, they must have had some other reason to stop you in the first place.) If the traffic stop was legal, then the fact you weren't driving doesn't protect you. The police were allowed to check for outstanding warrants on you, and once they found one they were allowed to act on it.
By itself, your refusal to let the police search your van did not justify seizing it or requesting a search warrant. But those actions may have been justified for other reasons. I don't have enough information to say whether they were or not. And while I sympathize with your need to retrieve your van and its contents, I'm afraid those needs won't defeat the officers' request for a search warrant. As I said, though, there may be other reasons why that request should be denied.
You should consult with a public defender or other attorney as soon as possible. You should also decline to speak with police, prosecutors, or investigators until you have a lawyer.
Good luck.
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