Legal Question in Criminal Law in Wisconsin

Illegal search of a motor vehical when not present

I let a friend (over 18) take my car unaware that he

did not have his drivers licence. He was passed by a

police officer that went by and eventually did a

U-turn. Before the officer had a chance to pull him

over he pulleded into a apartment complex parking lot.

The cop then blocked him off without using lights or

sirens. Then took him into custody for an oustanding

warrant. They never gave him a ticket for driving

without a licence. They impounded my car because my

friend said the car was mine but the title is in his

name. They proceded to search my car without a

warrant, without permision from the driver, without

evidence in plain view, and without calling the owner.

They also searched it again at the impound. They

found marijuana seeds, stems, and a trace of leaves on

my floor. My questions are can I be charged when I

wasn't there, and did they illegally search my car.


Asked on 1/26/02, 4:21 pm

1 Answer from Attorneys
Maury Beaulier612.240.8005 Minnesota Lawyers

Re: Illegal search of a motor vehical when not present

The search can be challenged. However, the police will argue it was an inventory search pursuant to the impound.

Although you could be charged with possession, it is extremely unlikely. It is self-evident that other persons had acess to your car. As possesssion charge would be almost impossible to prove.

Read more
Answered on 1/27/02, 2:15 pm


Related Questions & Answers

More Criminal Law questions and answers in Wisconsin