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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26453
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Zoey, Below is one of the answer's you gave me to an earlier

Customer Question

Hi Zoey,Below is one of the answer's you gave me to an earlier question. I am hoping I can get some clarification on a few things. You said, "no motion would stop Rob from being charged, but if Rob wishes to fight the case, the lawyer could file for a suppression hearing to challenge the illegal search and seizure."Can you elaborate on this as far as what makes you think the search may have been illegal?
Submitted: 5 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 5 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. Please be patient while I research and compose a reply for you.

Expert:  Zoey_ JD replied 5 months ago.

I do not know if the search was illegal or not. What I do know is that you made no mention of a warrant. You made no mention of a probation officer actually being with the defendant. You said that the car was impounded and that there was nothing found in the car. You said that Rob was arrested for contraband found in Teddy's living space. All of these raise the possibility that the police may have overstepped their authority.

The only way to find that out and to challenge that is at a suppression hearing, to which he would eventually be entitled when his lawyer files a motion for it.

Expert:  Zoey_ JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

Customer: replied 5 months ago.
They never impounded the car but came after my roommate whom is not have a probation. She was not aware her boyfriend told the people he bought the car from that she was the owner. The previous owners did a release of liability in her name and when her boyfriend sold the car to whomever is using it to commit crimes he did not do a release of liability. When the police went to her house looking into things and found her not home they used the probation status of another roommate that was on probation to search her room and when they found something in it they took the him to jail charging him with what they found in her room. They asked her boyfriend who was there at the time if it was his and he said, " No!" Therefore, they charged the other guy on probation with it lying saying they found it in his room. If they were really looking for stolen items like they said then shouldn't their search have been limited to her room and without a warrant I don't think they had reasonable cause to be looking anywhere else in the house. How does the other roommate being on probation make it legal for them to search the entire house without the owner being there to give permission I thought a probation search was limited to his living space only without permission from the owner of the home? Can they come into the house looking for stolen items without a search warrant. For some reason they went into hall bathroom and actually broke the heating and air register vent by breaking out the framing around the register. There was nothing in the vent so why they would go to so much trouble is beyond me and that bathroom was not part of the living area that guy on probation lived in anyway.
Expert:  Zoey_ JD replied 5 months ago.

All of this is exactly why there would have to be a hearing to find out whether or not the search and seizure were valid.

The US Supreme Court has held that there is no hard and firm rule to determine the constitutionality of a search and seizure. Each must be litigated at a special suppression hearing and whether or not the police have overstepped their authority is decided on a case by case basis. The standard that the judge must use to evaluate the evidence is what is reasonable for a police officer to have done under all of the particular facts and circumstances.

So the questions you are asking here are what would be discovered at a suppression hearing and why I said such a hearing would be granted. You have real issues of possible police misconduct,

Expert:  Zoey_ JD replied 5 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.