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My son (age 23) pulled into a parking lot to rest, en-route home from Boston to Florida. Police in Hanover, Va. were called saying he was "loitering and high". Police arrived, saw an injury to his arm and called paramedics who took him to the hospital on 8/12/09, where he currently remains. Police advised parents (in Florida, after we tracked son down), that there were 4 warrents out for his arrest dated 8/12/09 from Hanover, Va; "2 misdemeanors and 2 felonies -all drug related". Police cannot /will not relate specifics of charges to us in Florida. Son claims there were NO drugs in car, but admits to paraphenalia. Police asked to search his jeep as he was with paramedics and son refused that permission. They searched anyway. Is that legal, or is anything they find then considered "fruit of the tainted vine?" As soon as son is released from hospital, police claim he will be taken into custody. Is this legal?
State/Country relating to Question: Virginia Already Tried: Called the police in Hanover, Va (XXX-XXX-XXXX and got the info sent to you from the officer responding. Tried calling Records Dept for a copy of the Warrents, but son needed to OK it first, which he did today from hospital room. Responding officer said once she got the OK to speak to me from our son,call would us back. To date tonight (10:15pm), still no call from responding officer. We want to know if the search of the vehicle, after being refused permission verbally from my son, was legal because that's how they got what they are charging him with via the warents.
Yes it is legal. When they checked and he had warrants out for his arrest, they could take him into custody. Once he was in custody they can search the vehicle. Your son needs some serious help.
NO! He did not have ANY warrents issued for him before the officer came upon the scene. It was ONLY AFTER he was receiving medical assistance at the scene, and refused permission to search his vehicle, that the items were discovered by the police and the warrents issued. He has been in the hospital in Virginia since brought there by paramedics on 8/12/2009. We have been informed by Hanover police, that upon his discharge from hospital, he will be taken into custody by Hanover police for the now outstanding warrents the Hanover police issued when they came upon him at the scene on 8/12/2009. What gave them probable cause to search his vehicle while he was being medically treated at the scene? He had committed no crime.
Here it could be legal under the "community care taking" police function. When he was taken to the hospital his vehicle could be towed. Once it is towed it can be searched. At the trial court level the evidence is going to be admitted. An officer can always come up with a reason that the judge will accept. For example you can search if the drug dog "alerts". The thing is the dog always alerts. If they find something it is admitted, if they don't find anything, then there is no recourse for the fact your vehicle was illegally searched.
What gave the police the right to search the vehicle on the scene WITHOUT any drug dog? What kind of recourse do we have? The police indicated that they tried to get the Jeep towed, but every tow operator was busy that night, so they had it impounded, which is supposedly where it currently is. We(parents) live in Florida and are doing this fact-finding via the phone and Internet. Any suggestions would be most appreciated.
The best advice I can give you is to retain a good attorney to represent him.
So, basically, from your advise, the police are above the law, can search a vehicle with impunity once it is out of the owners possession (AKA been towed), and if they find something, then they use it in court. If they don't find something, then "too bad, so sad" about your vehicle being searched. And as an American citizen, then we have no civil rights to the expectation of privacy within a privately owned vehicle.Am I correct?
You are correct.
Attorney
Actively practicing trial attorney