Legal Question in Criminal Law in Virginia

dirty cop

A cop got me out of my car, asked to search and i said no cause he had no reason, the cop went to my driver side window and started feeling around my seat, then came to me and said he saw green residue on my seat and he could search. I had a friend in the passanger seat who saw him do this. Is it legal for him to do that?


Asked on 4/07/07, 10:09 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: dirty cop

Probably not, and if you were arrested and charged with a crime as a result of this apparently unauthorized cop search, your defense counsel could move for suppression of the particular evidence recovered as a result of the unauthorized search.

However, in the future, I'd make sure(if I were you) that there were no such "green residues" oozing in any descernible way within the confines of my vehicle.

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Answered on 4/07/07, 1:14 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: dirty cop

Correction for spelling error: should read: discernable rather than descernible.

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Answered on 4/07/07, 2:35 pm


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