Legal Question in Appeals and Writs in Wisconsin

Lying cop is figured out

I got buseted at school and caught cop lying to me and my parrents. He said my parrents gave concent to search my car but I was in the room and heard my mother say ''No I do not give concent to search his car''. They suspended me for not coopperation and gave me a 284 dollar tiket for obstructing. When I left the cop pulled me over and told me my mom gave concent to search my car. They foud a pipe, baggies, ect. She claims she did not and i heard her say no. Is my case a good canditate for a not guilty plkea?


Asked on 1/17/02, 11:22 am

1 Answer from Attorneys
John A. Birdsall Birdsall Law Offices, S.C.

Re: Lying cop is figured out

This should absolutely be a not guilty plea. The lack of consent and the objection by your mother clearly require some other 4th amendment theory for the search or for the cop to get a warrant. The only reasonable theory for the police is if you were actually under arrest at that point and the search was "incident" to that. Fight the search and win and the whole case goes away. I don't know how you were "obstructing" - did you give false information. Exercizing your constitutional rights under the 4th Amendment is not "obstructing."

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Answered on 1/17/02, 5:34 pm


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