Legal Question in Criminal Law in Pennsylvania

unlawful search

i was sitting in a gas station parking lot in my car with my car not on. a police officer drove by my car grilling me and friend in the passenger seat. i then turn on my car but dont make any attempt to drive away. the cruiser comes back and parks infront of my car to block me in. he then jumps out of his car, and starts looking around my car with a flashlight. he goes to the backseat on the passenger side, shines his light on my friend, and then proceeds to open my door without a word out of my mouth, or anyone. he finds a cigar, and then starts asking questions and i cooperate with him completely. he ends up finding a small amount of marijuana and paraphanalia. im wondering if this is a case of an unlawful search or not?


Asked on 7/26/07, 8:42 am

3 Answers from Attorneys
Brian Zeiger Levin & Zeiger LLP

Re: unlawful search

the facts you have stated sound like an unlawful search, but to know for sure, you would need to review the discovery for the entire case to know for sure. you will not get the discovery until after the arraignment.

good luck. brian

Read more
Answered on 7/26/07, 8:46 am
John Gibson John W. Gibson, Esquire

Re: unlawful search

Accepting as true the facts as you have described them, yes, it was an unlawful search. There was no probable cause.

However, you indicate that you cooperated completely. If you said anything at all that could be construed as consent to the search then you are going to have a hard time suppressing the evidence. I can almost guarantee that the police officer will say that you consented to the search.

Even if you will ultimately be successful in suppressing the evidence, it is almost certain that you will be held for court on the charges and you will have some important decisions to make rather quickly. Please feel free to telephone my office if you would like to discuss this. There is no charge for the telephone call.

Read more
Answered on 7/26/07, 9:26 am
Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

Re: unlawful search

There are several issues in your scenario that are troubling, and could constitute an unlawful detention and unlawful search. However, I would need more information on a number of topics to decide finally.

On another matter, you said you "cooperated fully." If by that you mean that you consented to a search of the car, that is very problematic. You should never consent to a search when asked.

Feel free to contact me--it sounds like it could prove to be an interesting case.

Read more
Answered on 7/26/07, 10:34 am


Related Questions & Answers

More Criminal Law questions and answers in Pennsylvania