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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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when falsely accused and then arrested by police in OK for

Customer Question

when falsely accused and then arrested by police in OK for the alleged theft of a roll of toilet paper from a truck stop, the subsequent search produced 20 cents of speed and a pipe in my inside jean jacket pocket. The clerk of the truck stop then told police i was not the thief, and that I didnt do anything wrong. Police came across hwy to Casino and then demanded ID and my keys as well as the location of my car. I did not consent to a search of any kind, and can prove thru videotape that I stole nothing, and nothing stolen was in my vehicle. My question: Can the police use the evidence produced thru this bad arrest, and false allegation of theft---which was their probable cause-- in which they found the illegal substance and paraphernalia---can they use the evidence found in this search and charge me for possession? or wouldnt it be considered inadmissable due to the fact that there was no probable cause?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Joseph replied 2 years ago.

Hello and thanks for choosing Just Answer®. I am a licensed criminal defense attorney, and I will be glad to try and assist you.

 

To provide you with accurate information, could you please clarify these points so I can best address your inquiry:

 

 

1. Who "accused" you of the theft?

 

2. Did the police find the illegal items before or after being informed that you were not the thief?

 

 

Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.

 

Thank you.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
Joseph and 8 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
the police report says that the clerk of the truck stop took my license plate, but, when ask to identify me AFTER the search and arrest, the clerk stated that I was NOT the person, that I didnt do anything. The police alleged that they went to the truck stop and the clerk gave them my tags and that they viewed videotape that ID ed me--however, I am NOT accused of being the thief---the police allege that "it was that guy with you earlier" and that this mystery "guy" placed the toilet paper in my vehicle--the mystery man does not exist! and I did not steal anything, in fact, this roll of toilet paper was not in my vehicle--- the police are claiming they saw it in plain view, behind my passenger seat on the back seat of my Explorer at night thru very dark tinted windows--when in fact they demanded my keys and license and opened all my vehicle doors and the rear window, and walked around acting like they were searching and on about the 3rd circle produced this large roll of TP-- I did not consent to any search, and the video at the truck stop will show that the TP could not have gone in my vehicle. The drug was discovered in the subsequent search upon my mistaken, and false arrest-- I consented to no search further the video will show if the clerk really called police, and if they viewed video they found the drug before the clerk told them I was not the person who stole from them
Customer: replied 2 years ago.
the police report says that the clerk of the truck stop took my license plate, but, when ask to identify me AFTER the search and arrest, the clerk stated that I was NOT the person, that I didnt do anything. The police alleged that they went to the truck stop and the clerk gave them my tags and that they viewed videotape that ID ed me--however, I am NOT accused of being the thief---the police allege that "it was that guy with you earlier" and that this mystery "guy" placed the toilet paper in my vehicle--the mystery man does not exist! and I did not steal anything, in fact, this roll of toilet paper was not in my vehicle--- the police are claiming they saw it in plain view, behind my passenger seat on the back seat of my Explorer at night thru very dark tinted windows--when in fact they demanded my keys and license and opened all my vehicle doors and the rear window, and walked around acting like they were searching and on about the 3rd circle produced this large roll of TP-- I did not consent to any search, and the video at the truck stop will show that the TP could not have gone in my vehicle. The drug was discovered in the subsequent search upon my mistaken, and false arrest-- I consented to no search further the video will show if the clerk really called police, and if they viewed video they found the drug before the clerk told them I was not the person who stole from them i did not do anything at all to justify a search and the video will show that---
Expert:  Joseph replied 2 years ago.

I would suggest that you have a couple of issues here that need to be further explored.

 

The first issue, as my question alluded to, is when they discovered anything unlawful. If the clerk informed the police that you were the thief and the stopped you, that would be a lawful stop. Continuing with the hypothetical, if they then came across something illegal, while still believing you to be the thief, then this search would be considered lawful.

 

As to this, the issue is whether the officers acted in good faith. In this hypothetical, the officers have been informed by a clerk that you stole an item. In response to this information, they conducted a traffic stop and then located something illegal, whether related to the "crime" or not.

 

Another issue would be the consent to search. If you are reasonably thought to have committed a crime, the search is lawful. If you are no longer a suspect, the officers may still search if they have your consent. If, as you stated, no consent was given, the search would be unlawful at this point.

 

You should consider reviewing the police reports, any video from the store and any statements from the clerk. Combining these items, you should be able to ascertain whether your initial detention by law enforcement was lawful. If it was not, then everything thereafter would likely fall.

 

Please let me know if anything requires clarification.

 

I hope you found my answer helpful. If so, please click on the green ACCEPT for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click ACCEPT. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated! Thank you and good luck!

 

Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.

Customer: replied 2 years ago.
i was not in my vehicle when confronted by police-- i was across the street in a casino--and they confronted me there demanding my ID and then my keys--my car was parked and locked--- and they used my keys tp get in--with no consent---
Expert:  Joseph replied 2 years ago.

Tell me more about how they approached you. Were you free to leave? Had you been detained in any way?

 

Thank you.

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