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P. Simmons
P. Simmons, Attorney
Category: Legal
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Experience:  16 yrs. of trial experience
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is it against police procedure to transport a suspect/defendant

Resolved Question:

is it against police procedure to transport a suspect/defendant before the completion of a search and seizure of a vehicle
Submitted: 5 years ago.
Category: Legal
Expert:  P. Simmons replied 5 years ago.
NO, it is not...at least it would not generally an otherwise valid arrest. So if there was probable cause for the arrest, the fact that they transported prior to search of vehicle will not invalidate the probable cause.

However, there is a recent supreme court case that significantly limits the ability to search a vehicle incident to arrest. Here is a link

http://www.nowpublic.com/world/arizona-v-grant-held-supreme-court-4th-amendment-ri


This new case limits the police ability to search a car AFTER the suspect is arrested. If this applies in your case, it may be you can suppress any evidence seized in the vehicle...talk to your lawyer about this...the case just came out last week


Please let me know if you have further questions; if so I will do my best to answer them. If not please hit the accept button, its the only way I get credit for my work.




P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26137
Experience: 16 yrs. of trial experience
P. Simmons and 4 other Legal Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for the info I appreciate the help. But the whole link that you sent did not come out can you repost it.

thank you once again
Expert:  P. Simmons replied 5 years ago.
Yes

Sorry, let me try this one

http://www.calguns.net/calgunforum/showthread.php?t=176002

Let me know if you can not see it

Customer: replied 5 years ago.
Thanks again I think this will help but I have another question.

My situation is that I was arrested for dwls then cuffed and transported from the seen.
While in transport the search was conducted. I was never present during the search of the vehicle. The vehicle was not titled to me so it could not be impounded.

There has to be some rule about that; because then an argument can be made that the police planted evidence. thank you for your help.
Expert:  P. Simmons replied 5 years ago.
yes,

the rule (based on the recent Supreme Court case) is that unless the police had cause to search the car (like with a warrant or some other valid reason) then if you are under arrest and removed from the scene, the police need a warrant to search.

If your facing criminal charges, you need an attorney to review the case file to see if this new law will apply. If you can not afford a lawyer, the court will appoint one for no cost.


Work with your lawyer to see if you can get any evidence seized from the car suppressed.

P. Simmons, Attorney
Category: Legal
Satisfied Customers: 26137
Experience: 16 yrs. of trial experience
P. Simmons and 4 other Legal Specialists are ready to help you

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