Legal Question in DUI Law in Pennsylvania
5 amendment violation
ok i was pulled over for haveing my lisence plate in my back window cause i had no bumper at the time. i was high off of marijuan at the time but did not smoke in the car or near it. but the cop pulled me out of the car and interagated me but he said your are free to go. he also asked if he could search my car b4 i go. i said no but he did any ways. he found a jar with seed then arrested me with out reading the miranda rights and took my blood. now 2 months later i just got a court summons that says im being charged with 1 count of dui one count of posession and one count of paraphinalia. granted i was guilty of breaking the law and thats stupid on its own but he did not follow the constitution. how should i go about handeling this.
2 Answers from Attorneys
Re: 5 amendment violation
Well, not exactly the 5th. How about the 4th?
IF what you say is true he conducted an illegal search. See an attorney about representing you at your preliminary hearing.
Re: 5 amendment violation
You need an atty. Chances are the office will say you gave consent to search. You say I'm not an idiot, I knew he'd find the seeds. They know people often consent to a search thinking they will keep you and search more thuroughly AFTER getting a warrant to search, and hoping that they police 'miss' the contraband.
GET A LAWYER!
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
