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Ask rvlaw Your Own Question
rvlaw
rvlaw, Lawyer
Category: Criminal Law
Satisfied Customers: 8386
Experience:  Former Assistant District Attorney - NYC; Criminal Defense Experience for 30+ years
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Dear Sir I was out shopping one night for groceries, and I ...

Customer Question

Dear Sir: I was out shopping one night for groceries, and I went through the self check out line. When all of a sudden I relized that I left my wallet in my car. So I told the checker that I had to retrieve my wallet, and would be right back. I went to my car and retrieved my wallet, paid for my purchases, and on my way out, I was approched by two county police officers. They stoped me and questioned me; saying the manager saw me steal a package of cheese by placing it in the bag. I denied taking any cheese, and then the officer asked me to give him the keys to my car. I am a 100% service connected, disabled veteran. When an officer askes me an order, I do it, then question it afterwards if I didn't like it. H Then he searched my car, inside, and the trunk, and found some bacon that I had stolen. I live on a fixed income, and and take a lot of medication, and have been living on cerial for the past two weeks. I was issued a ticket for stealing the bacon. Wasn't that an illegal search?
Submitted: 8 years ago.
Category: Criminal Law
Expert:  rvlaw replied 8 years ago.

Hi,

It would have been except you consented to the search. I understand from your background why you did it, but you had the right to refuse the search and not give them the keys. Unfortunately, you waived that right so the search is good. Sorry. You should be able to have the charge dismissed or get a conditional discharge if it's your first arrest. The rest of your life factors will also help you.

Rich