well, his attorney is correct. if he was legitimately stopped for a traffic violation and gave consent to search his vehicle and they found drugs, then they will handcuff him and sit him on the curb. they already found the evidence upon his consent, so at that point, the rights are mute as it relates to that evidence. however, any other information they garnered before the rights were read then it would be questionable.
thank you. if he was a suspect, he can be detained. he did not have to give consent to search his car. if he did not, then there could be violation, unless the police can prove that waiting for a warrant could have resulted in a loss of evidence.
you can consult with a local criminal lawyer. there are situations where the rights are not read. rights are read when there is evidence they want to use. any evidence gathered without consent or rights being read could be inadmissible. but if he gave consent to the search, then they did not need a warrant or read rights, because they got the evidence on his consent
it would be best for you to have a local attorney evaluate how his was handled.
contact the VA Bar Association and get a referral service for a criminal law attorney in your area. here is the contact for the Virginia Lawyer Referral Service at 1-800-552-7977 or(NNN) NNN-NNNN(Richmond area).
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