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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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Resident in GA. I was driving my vehicle got stopped due to

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Resident in GA. I was driving my vehicle got stopped due to my tag light being out. Police asked me to step out of car ran my information then asked to search vehicle I said yes. Police found methamphetamine in my purse located on the drivers side floor board. I was charged w/ V.G.C.S.A. Schedule II, car "held pending seizure"/ impounded. Drugs were seized & placed into evidence.The state gave the car back to me for a fine of $800. Car was damaged during their search so I requested the S.O.P. 13-2 Vehicle Inventory / Impound report from the city of Snellville, where I was arrested and where vehicle was held. They don't have one on file. The S.O.P. 13-2 states "The justification for an inventory of an impounded vehicle is based on the validity of the impoundment, not the arrest. "If the impoundment was improper, inventory will not be admissible as evidence" Question due to this form not on file was it an improper search & seizure? Or can this help my case in anyway?

DearCustomer- Based on these facts I do not believe the absence of this form will help you. Had you refused the search then you may have a case but once you agreed to the search then it became a legal search. Once the officer found the illegal substance then the impounding was legal. You may be able to make some argument about the impounding but it won't help the case as far as the search.

 

It is always best to never speak to the police or agree to anything until you have consulted with an attorney. Once you make a statement or agree to a search you have given up your 4th and 5th Amendment rights.

 

David Kennett - JD - Attorney at Law

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Customer: replied 7 years ago.
Is a closed purse included in the searching of a vehicle I thought that was personal property?

If you said it was OK to search then anything in the vehicle can be searched. Obviously you can file a motion to suppress the search but I'm only offering my opinion as to the possibility of success.

 

Dave

Customer: replied 7 years ago.
What case would be used to back up the motion to suppress the search, if any??

You would use the 4th Amendment to the Constitution which outlaws unreasonable searches. If you plan to make this motion I would strongly suggest that you have legal counsel as it can get quite complicated.

 

Dave

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