Criminal Law Questions? Ask a Criminal Lawyer.
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
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.
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.
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