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P. Simmons
P. Simmons, Lawyer
Category: Criminal Law
Satisfied Customers: 32807
Experience:  16 yrs. of experience including criminal law.
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The police stopped me on the highway on my way to work early

Customer Question

The police stopped me on the highway on my way to work early one morning and took my cell phone and cigerettes and told me to turn around and go home they were kicking in my door at home with a search warrant for the home they did not explain anything to me and no one was at home at the time they did not have a search warrant for the car was this legal or could I have just kept driving.
Submitted: 8 years ago.
Category: Criminal Law
Expert:  P. Simmons replied 8 years ago.
Thanks for the chance to assist    If the police have a valid warrant for you home and they stop you to inform you of this, I don't believe this would necessarily be an invalid stop. That said, you could ague that if the search was in progress they did not have probable cause to stop you.     However, lets talk about consequences.    The 4th Amendment of the Constitution protects citizens from unreasonable searches. Your remedy for an illegal stop and search by the police is to exclude any evidence obtained during the stop. SO, if the police stop you illegally and do not seize evidence, you will not have much recourse. Now, if the police are jerks, I recommend you file a formal complaint.      As for you cell phone and lighter, unless they are holding for some evidence reasons, they are required to return them          Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get paid.