How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JB Umphrey Your Own Question

JB Umphrey
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience:  Handling criminal and probation matters for over 14 years.
14211116
Type Your Criminal Law Question Here...
JB Umphrey is online now
A new question is answered every 9 seconds

wha kind of information would be necessary for a judge to dismiss

Resolved Question:

wha kind of information would be necessary for a judge to dismiss a controlled substance methamphetamine felony, that would implicate the arresting officers of a wrongful search and seizure of a passenger in a car that was stopped for an expired registration tag?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

Please clarify: were the drugs found on the person or in the car?
Customer: replied 1 year ago.

the drugs where on the person

Expert:  JB Umphrey replied 1 year ago.
Thank you. Did the person hand the drugs to the officer?

How did the officer come into possession of the drugs?
Customer: replied 1 year ago.

the officer initiated and followed thru with body search once the person complied by getting out of the car at the officers request. just a minute had gone by when the officer asked if the passenger was on parole or probation which the passenger answered no i am not

Expert:  JB Umphrey replied 1 year ago.
As long as a police officer cites his own safety as the reason, he may frisk any motorist during a traffic stop and remove objects from his pockets. You can read a recent federal court decision on this issue here: http://thenewspaper.com/rlc/docs/2011/us-patdown.pdf

So, in order for the judge to supress the drugs/evidence, there will have to be a preliminary hearing about the facts surrounding the stop. If the officer does not say that he frisked the passenger out of concern for his safety, then the judge will suppress the evidence as being illegally obtained and the charges must be dismissed.

I hope that you found this information to be helpful and, indeed, informative and worthy of a positive rating so that I receive credit for assisting you today.

If I have not clarified things, please reply, because I want to make sure that you are satisfied that I have answered all of your concerns!

~~ J.B.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 8 other Criminal Law Specialists are ready to help you
Customer: replied 1 year ago.

the officer sites that he thought i may be armed since he states i was fidgeting with my jackets lapel, now if he thought i was armed why would he ask me to step out of the vehicle and walk around the vehicle to the passengers door to greet me there with handcuffs ready to search me ,i was under the believe that lapd procedure when an oficer fears that there is a weapon is to draw their weapon and tell the suspect to exit the car and lay on theis stomach,also i was not mirandised this guy shoved me unto a fence and proceeded to frisk me with out my permission even after i told him that i was not on probation or parole. not only that but the officer stole 80 bucks from my pocket he blamed it on the driver later on. i want my case dissmissed this is 2012 in the usa we have struggled so long to get civil rights upheald and two wrong does not make a right what other adivice can you give in relation to having the-case dismissed

Expert:  JB Umphrey replied 1 year ago.
Thank you for the follow-up. For that you would have to have a preliminary hearing about the legality of the search where the officer would testify, any in car video would be shown, etc. and it would be for the judge to determine if they were going to believe the officer or not. If the judge doesn't believe the officer, then the search can be declared illegal and the results of the search suppressed and, thus, the charges dismissed.

So, you and your lawyer can explore the options of filing a motion and having a preliminary hearing about the legality of the search.

~~ J.B.
JB Umphrey, Lawyer
Category: Criminal Law
Satisfied Customers: 20232
Experience: Handling criminal and probation matters for over 14 years.
JB Umphrey and 8 other Criminal Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
< Last | Next >
  • Your Expert advise has provided insight on a difficult situation. Thank you so much for the prompt response. I will definitely recommend your website to my friends. Norma Pensacola, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
 
 
 

Meet The Experts:

 
 
 
  • Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/RE/retiredlawyer/2012-6-6_19326_franL.64x64.jpg Fran L.'s Avatar

    Fran L.

    JustAnswer Criminal Law Mentor

    Satisfied Customers:

    8061
    18 yrs of NYC public defense. Extensive arraignment, hearing, trial experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    2079
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/NA/nathanmoorelaw/2011-5-31_21375_headshotbig.64x64.jpg Nate's Avatar

    Nate

    Lawyer

    Satisfied Customers:

    1625
    Over 10 years of criminal defense practice.
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Lawyer

    Satisfied Customers:

    1434
    30 years legal experience
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    1418
    16 yrs. of experience including criminal law.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    1380
    Licensed attorney with 27 yrs. exp. in criminal law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Lawyer

    Satisfied Customers:

    1300
    Experienced in multiple areas of the law.