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The answer is "it depends" as is always the case with search and seizure. Did the cops have an arrest or search warrant?
Was he outside the car or inside when the cops arrested him? In other words, had he already gotten out of the car, or were they waiting for him when he pulled up?
Inside the car is what I meant in that first question...
Then yes, as long as the cops had probable cause to arrest him, and they had probable cause to believe there was evidence of the crime of arrest (pimping) in the car, they could search the car.
I suppose what they were looking for was his cell, to check the texts.
It sounds like they already knew from the girl at the hotel room about the texts? They had already busted her?
Not good, my friend, not good.
There might have been an argument that the cops needed a search warrant for the phone, but probably not under these circumstances.
They should. He or his attorney should contact the property officer at the police or sheriff's department that arrested him and ask for return of these items.
Your friend hasn't been served with a civil lawsuit from the Commonwealth for the car, has he?
That's bizarre. Why do they need the ENTIRE car I wonder? I can't see why it would be evidence. They're just being jerks, shocker...
The cell phone I understand, not the car.
Yes, an attorney should be able to make some headway in getting his car back and its contents, so long as the Commonwealth doesn't have a valid reason why the car and the documents are evidence.
As for not talking, please give your friend a hearty pat on the back for me. I LOVE IT when people actually exercise their right to remain silent.
Maybe, but I just don't see how they can keep the entire car. What will they do, drive it into the courtroom and label it "exhibit A"? LOL.
Seriously, he needs an attorney and that person should be able to get the car etc. back based on what you've said.
There should be an inventory list with the police or sheriffs who seized the car. He (or his attorney) should request a copy of it.
It depends on what his bond conditions are. A usual condition if to have no contact with others charged or with potential witnesses against him. That could include the escort. BUT, his attorney can certainly contact her.
Your friend should have a document from the magistrate or court who issued the bond which details the bond conditions. If he doesn't have a copy, it should be available in the court where he's charged with the rest of the paperwork. I assume that's a General District Court?
Gotcha, so if he needs a copy, it's with the court with his warrant(s).
Awesome, thanks for the chance to help! I'll be offline till tomorrow, I have court in the AM. But I'll check back in to see if I can help further. Best wishes!
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