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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16834
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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If I am sitting in my car and have not committed no crime.

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If I am sitting in my car and have not committed no crime. Does a police officer have the right to take me out ta my car? And take me to my residence and hound me to search my residence
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hello,

WIthout knowing all of the facts and circumstances, it's hard to say because there is nothing hard and fast about what a police officer is allowed to do.

A police officer needs only an articulable suspicion (something more than a guess) that something may be going on in order to approach a car. From there, if something about the situation increases his suspicion, he can order you and any passengers out of the car, pat you down for weapons and detain you briefly. He can also take what's in plain view. But before he can do a head to toe search of the car or search your residence, he needs either a warrant or an exception to the warrant requirement.

If you consented, then his search of your premises is lawful. If you never gave your consent you'd have an issue that could be inspected at a hearing.

Customer: replied 1 year ago.

all he asked was for my info and my passengers info then he got back in his car my passingers got out and ran he said that he new they had drugs on them Then he called the dog out never found them r any drugs then he letd me back in my car then tells me to get back out another officer is at my house and wants to talk to me i said for wat i am headin to work then he says he is detainin me then when they get me to my house the keep houndin me till i let them in to search for two susprcts only then they say they find stuff in the tras

Expert:  Zoey_ JD replied 1 year ago.
Hi,

Well you've got to admit, that if your passengers fled the scene when the cop showed up, that's a pretty good sign that someone's doing something wrong.

Where he potentially went wrong was in entering the house. But there is also a warrant exception called "Hot pursuit." Basically, if the police see the suspects run into a house, he would be able to follow after without a warrant. I don't think that's what happened here either, so you may have suppression issues if you want to fight this case.

Your lawyer would be able to move to have a hearing to determine whether the police violated your rights by making an illegal search and seizure. If you win the hearing any contraband obtained from your property would not be able to come into your trial. If this is a drug possession case and the drugs get suppressed like that at a hearing, the whole case would have to be thrown out.

You need a lawyer for your case and he can talk to the DA, see the police reports and determine how good a chance you would have to win a hearing on this issue,but it does sound as if there are some irregularities that can be challenged here.
Customer: replied 1 year ago.

Can you tell me how to go about doing this? I have a public defender but so far she hasnt been willing to go overpaperwork, evidence, etc... I've had to point out important flaws in their case that, being my lawyer, she should have already noted. As of now she has told me that she's aware that my rights have been


violated but that "it's Highland County" & there's nothing i can do about it. She has given me the option to plead no contest or guilty. When i didnt agree with that she exclaimed "i dont know if youre just f*cking stupid or what!" Any advice you can give right now would be greatly appreciated. I have had their last 3 cases against me dismissed on account of wrong doing on behalf of the courts &/or the sheriffs dept.

Expert:  Zoey_ JD replied 1 year ago.
Hi,

The US Supreme Court has said that there is no hard and fast rule about what is or isn't Constitutional. Matters of constutitonality have to be decided on a case by case basis at pre-trial suppression hearings. The Supreme Court has also set the standard by which a judge must evaluate evidence at suppression hearings. It is what the reasonable police officer would have done under all of the facts and circumstances.

You go about getting a hearing by not pleading guilty and fighting your case. Eventually you'll get a pre-trial hearing to challenge the search and seizure. At such a hearing, the state would put on the police officer and try to question him in a way that would make his behavior look entirely reasonable. It would be up to your lawyer to cross examine him to show that he was UNreasonable. After both sides were finished, the judge rules on the evidence he has heard.

If he agrees that the police were unreasonable and violated your rights, the evidence ceased could not come in against you. If on the other hand he felt that the police were reasonable, he would rule for the state and your lawyer would start picking a jury.

You don't have to take a plea just because your lawyer wants you to. You have the right to fight the case up to and/or on through a trial. Although your lawyer can advise you as to which way the hearing might go and how strong/weak your case/their case might be, in the end, this is strictly your decision and a lawyer should be willilng to work with you as hard as he or she can, whether you want a plea or want a trial.

It does not sound like you are getting support from your lawyer. She has an obligation to convey every deal the prosecutor makes, and to explain it to you whether you are going to want it or not. But if she's not willing to fight for you or back your decisions once she's informed you of what you need to know, you ought to let the judge know on your next date that you and your lawyer do not see eye-to-eye and that you don't believe she is representing your best interests. Ask the judge for a new public defender.

Generally, unless you are very near the point of trial on an old case, the judge will allow one substitution of counsel,
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16834
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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